Version	Word Count	Changes From Previous Version	Percent Change
Introduced in Senate	32,750	n/a	n/a
Placed on Calendar Senate	32,750	0 Show Changes Hide Changes	0%

Display Version Introduced in Senate Placed on Calendar Senate

S 328 ISCommentsClose CommentsPermalink

110th CONGRESS 1st Session S. 328

To ensure the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATES

January 17, 2007

Mr. MENENDEZ (for himself and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

---

A BILL

To ensure the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Ensuring Implementation of the 9/11 Commission Report Act'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definition; 9/11 Commission.CommentsClose CommentsPermalink

TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE

Subtitle A--Emergency Preparedness and Response

Chapter 1--Emergency Preparedness

Sec. 101. Adequate radio spectrum for First Responders.CommentsClose CommentsPermalink





Sec. 102. Report on establishing a unified incident command system.CommentsClose CommentsPermalink





Sec. 103. Report on completing a national critical infrastructure risk and vulnerabilities assessment.CommentsClose CommentsPermalink





Sec. 104. Private sector preparedness.CommentsClose CommentsPermalink





Sec. 105. Relevant congressional committees defined.CommentsClose CommentsPermalink

Chapter 2--Assistance for First Responders

Sec. 111. Short title.CommentsClose CommentsPermalink





Sec. 112. Findings.CommentsClose CommentsPermalink





Sec. 113. Faster and Smarter Funding for First Responders.CommentsClose CommentsPermalink





Sec. 114. Superseded provision.CommentsClose CommentsPermalink





Sec. 115. Oversight.CommentsClose CommentsPermalink





Sec. 116. GAO Report on an inventory and status of Homeland Security first responder training.CommentsClose CommentsPermalink





Sec. 117. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies.CommentsClose CommentsPermalink

Subtitle B--Transportation Security

Sec. 121. Report on national strategy for transportation security.CommentsClose CommentsPermalink





Sec. 122. Report on airline passenger prescreening.CommentsClose CommentsPermalink





Sec. 123. Report on detection of explosives at airline screening checkpoints.CommentsClose CommentsPermalink





Sec. 124. Report on comprehensive screening program.CommentsClose CommentsPermalink





Sec. 125. Relevant congressional committees defined.CommentsClose CommentsPermalink

Subtitle C--Border Security

Sec. 131. Counterterrorist travel intelligence.CommentsClose CommentsPermalink





Sec. 132. Comprehensive screening system.CommentsClose CommentsPermalink





Sec. 133. Biometric entry and exit data system.CommentsClose CommentsPermalink





Sec. 134. International collaboration on border and document security.CommentsClose CommentsPermalink





Sec. 135. Standardization of secure identification.CommentsClose CommentsPermalink





Sec. 136. Security enhancements for social security cards.CommentsClose CommentsPermalink

TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT

Subtitle A--Intelligence Community

Sec. 201. Report on Director of National Intelligence.CommentsClose CommentsPermalink





Sec. 202. Report on National Counterterrorism Center.CommentsClose CommentsPermalink





Sec. 203. Report on creation of a Federal Bureau of Investigation national security workforce.CommentsClose CommentsPermalink





Sec. 204. Report on new missions for the Director of the Central Intelligence Agency.CommentsClose CommentsPermalink





Sec. 205. Report on incentives for information sharing.CommentsClose CommentsPermalink





Sec. 206. Report on Presidential leadership of national security institutions in the information revolution.CommentsClose CommentsPermalink





Sec. 207. Homeland airspace defense.CommentsClose CommentsPermalink





Sec. 208. Semiannual Report on plans and strategies of United States Northern Command for defense of the United States homeland.CommentsClose CommentsPermalink





Sec. 209. Relevant congressional committees defined.CommentsClose CommentsPermalink

Subtitle B--Civil Liberties and Executive Power

Sec. 211. Report on the balance between security and civil liberties.CommentsClose CommentsPermalink





Sec. 212. Privacy and Civil Liberties Oversight Board.CommentsClose CommentsPermalink





Sec. 213. Set privacy guidelines for Government sharing of personal information.CommentsClose CommentsPermalink





Sec. 214. Definition of relevant congressional committees for subtitle.CommentsClose CommentsPermalink

Subtitle C--Homeland Security Committees

Chapter 1--Homeland Security Oversight Reform in the Senate

subchapter a--intelligence oversight reform

Sec. 221. Intelligence oversight.CommentsClose CommentsPermalink

subchapter b--committee status

Sec. 231. Committee status.CommentsClose CommentsPermalink

subchapter c--intelligence-related subcommittees

Sec. 241. Subcommittee related to intelligence oversight.CommentsClose CommentsPermalink





Sec. 242. Subcommittee related to intelligence appropriations.CommentsClose CommentsPermalink

Chapter 2--Effective Date

Sec. 261. Effective date.CommentsClose CommentsPermalink

Subtitle D--Declassification of Overall Intelligence Budget

Sec. 271. Availability to public of certain intelligence funding information.CommentsClose CommentsPermalink

Subtitle E--Standardize Security Clearances

Sec. 282. Standardization of security clearances.CommentsClose CommentsPermalink

TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION

Subtitle A--Foreign Policy

Sec. 301. Actions to ensure a long-term commitment to Afghanistan.CommentsClose CommentsPermalink





Sec. 302. Actions to support Pakistan against extremists.CommentsClose CommentsPermalink





Sec. 303. Actions to support reform in Saudi Arabia.CommentsClose CommentsPermalink





Sec. 304. Elimination of terrorist sanctuaries.CommentsClose CommentsPermalink





Sec. 305. Comprehensive coalition strategy against Islamist terrorism.CommentsClose CommentsPermalink





Sec. 306. Standards for the detention and humane treatment of captured terrorists.CommentsClose CommentsPermalink





Sec. 307. Use of economic policies to combat terrorism.CommentsClose CommentsPermalink





Sec. 308. Actions to ensure vigorous efforts against terrorist financing.CommentsClose CommentsPermalink

Subtitle B--Public Diplomacy

Sec. 311. Public diplomacy responsibilities of the Department of State and public diplomacy training of members of the Foreign Service.CommentsClose CommentsPermalink





Sec. 312. International broadcasting.CommentsClose CommentsPermalink





Sec. 313. Expansion of United States scholarship, exchange, and library programs in the Islamic world.CommentsClose CommentsPermalink





Sec. 314. International Youth Opportunity Fund.CommentsClose CommentsPermalink

Subtitle C--Nonproliferation

Sec. 321. Short title.CommentsClose CommentsPermalink





Sec. 322. Findings.CommentsClose CommentsPermalink





Sec. 323. Establishment of Office of Nonproliferation Programs in the Executive Office of the President.CommentsClose CommentsPermalink





Sec. 324. Removal of restrictions on Cooperative Threat Reduction programs.CommentsClose CommentsPermalink





Sec. 325. Removal of restrictions on Department of Energy nonproliferation programs.CommentsClose CommentsPermalink





Sec. 326. Modifications of authority to use Cooperative Threat Reduction program funds outside the former Soviet Union.CommentsClose CommentsPermalink





Sec. 327. Modifications of authority to use International Nuclear Materials Protection and Cooperation program funds outside the former Soviet Union.CommentsClose CommentsPermalink





Sec. 328. Special reports on adherence to arms control agreements and nonproliferation commitments.CommentsClose CommentsPermalink





Sec. 329. Presidential Report on impediments to certain nonproliferation activities.CommentsClose CommentsPermalink





Sec. 330. Enhancement of Global Threat Reduction Initiative.CommentsClose CommentsPermalink





Sec. 331. Expansion of Proliferation Security Initiative.CommentsClose CommentsPermalink





Sec. 332. Sense of Congress relating to international security standards for nuclear weapons and materials.CommentsClose CommentsPermalink





Sec. 333. Authorization of appropriations relating to inventory of Russian tactical nuclear warheads and data exchanges.CommentsClose CommentsPermalink





Sec. 334. Report on accounting for and securing of Russia's non-strategic nuclear weapons.CommentsClose CommentsPermalink





Sec. 335. Research and development involving alternative use of weapons of mass destruction expertise.CommentsClose CommentsPermalink





Sec. 336. Strengthening the Nuclear Nonproliferation Treaty.CommentsClose CommentsPermalink





Sec. 337. Definitions.CommentsClose CommentsPermalink

SEC. 2. DEFINITION; 9/11 COMMISSION.

In this Act, the term `9/11 Commission' means the National Commission on Terrorist Attacks Upon the United States.CommentsClose CommentsPermalink

TITLE I--HOMELAND SECURITY, EMERGENCY PREPAREDNESS AND RESPONSE

Subtitle A--Emergency Preparedness and Response

CHAPTER 1--EMERGENCY PREPAREDNESS

SEC. 101. ADEQUATE RADIO SPECTRUM FOR FIRST RESPONDERS.

(a) Short Title- This chapter may be cited as the `Homeland Emergency Response Operations Act' or the `HERO Act'.CommentsClose CommentsPermalink





(b) Prevention of Delay in Reassignment of 24 Megahertz for Public Safety Purposes- Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(D) EXTENSIONS NOT PERMITTED FOR CHANNELS (63, 64, 68 AND 69) REASSIGNED FOR PUBLIC SAFETY SERVICES- Notwithstanding subparagraph (B), the Commission shall not grant any extension under such subparagraph from the limitation of subparagraph (A) with respect to the frequencies assigned, pursuant to section 337(a)(1), for public safety services. The Commission shall take all actions necessary to complete assignment of the electromagnetic spectrum between 764 and 776 megahertz, inclusive, and between 794 and 806 megahertz, inclusive, for public safety services and to permit operations by public safety services on those frequencies commencing not later than December 31, 2007.'.CommentsClose CommentsPermalink

SEC. 102. REPORT ON ESTABLISHING A UNIFIED INCIDENT COMMAND SYSTEM.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Homeland Security shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to establishing a unified incident command system.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of Homeland Security that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Homeland Security is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary of Homeland Security expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 103. REPORT ON COMPLETING A NATIONAL CRITICAL INFRASTRUCTURE RISK AND VULNERABILITIES ASSESSMENT.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Homeland Security shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to completing a national critical infrastructure risk and vulnerabilities assessment.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of Homeland Security that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Homeland Security is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary of Homeland Security expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 104. PRIVATE SECTOR PREPAREDNESS.

Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress--CommentsClose CommentsPermalink





(1) a determination of what has been done to enhance private sector preparedness for terrorist attack; andCommentsClose CommentsPermalink





(2) recommendations of any additional congressional action or administrative action that is necessary to enhance such preparedness.CommentsClose CommentsPermalink

SEC. 105. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

In this chapter, the term `relevant congressional committees' means the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Government Affairs and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink

CHAPTER 2--ASSISTANCE FOR FIRST RESPONDERS

SEC. 111. SHORT TITLE.

This chapter may be cited as the `Faster and Smarter Funding for First Responders Act of 2005'.CommentsClose CommentsPermalink

SEC. 112. FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) In order to achieve its objective of preventing, minimizing the damage from, and assisting in the recovery from terrorist attacks, the Department of Homeland Security must play a leading role in assisting communities to reach the level of preparedness they need to prevent and respond to a terrorist attack.CommentsClose CommentsPermalink





(2) First responder funding is not reaching the men and women of our Nation's first response teams quickly enough, and sometimes not at all.CommentsClose CommentsPermalink





(3) To reform the current bureaucratic process so that homeland security dollars reach the first responders who need it most, it is necessary to clarify and consolidate the authority and procedures of the Department of Homeland Security that support first responders.CommentsClose CommentsPermalink





(4) Ensuring adequate resources for the new national mission of homeland security, without degrading the ability to address effectively other types of major disasters and emergencies, requires a discrete and separate grant making process for homeland security funds for first response to terrorist acts, on the one hand, and for first responder programs designed to meet pre-September 11 priorities, on the other.CommentsClose CommentsPermalink





(5) While a discrete homeland security grant making process is necessary to ensure proper focus on the unique aspects of terrorism preparedness, it is essential that State and local strategies for utilizing such grants be integrated, to the greatest extent practicable, with existing State and local emergency management plans.CommentsClose CommentsPermalink





(6) Homeland security grants to first responders must be based on the best intelligence concerning the capabilities and intentions of our terrorist enemies, and that intelligence must be used to target resources to the Nation's greatest threats, vulnerabilities, and consequences.CommentsClose CommentsPermalink





(7) The Nation's first response capabilities will be improved by sharing resources, training, planning, personnel, and equipment among neighboring jurisdictions through mutual aid agreements and regional cooperation. Such regional cooperation should be supported, where appropriate, through direct grants from the Department of Homeland Security.CommentsClose CommentsPermalink





(8) An essential prerequisite to achieving the Nation's homeland security objectives for first responders is the establishment of well-defined national goals for terrorism preparedness. These goals should delineate the essential capabilities that every jurisdiction in the United States should possess or to which it should have access.CommentsClose CommentsPermalink





(9) A national determination of essential capabilities is needed to identify levels of State and local government terrorism preparedness, to determine the nature and extent of State and local first responder needs, to identify the human and financial resources required to fulfill them, to direct funding to meet those needs, and to measure preparedness levels on a national scale.CommentsClose CommentsPermalink





(10) To facilitate progress in achieving, maintaining, and enhancing essential capabilities for State and local first responders, the Department of Homeland Security should seek to allocate homeland security funding for first responders to meet nationwide needs.CommentsClose CommentsPermalink





(11) Private sector resources and citizen volunteers can perform critical functions in assisting in preventing and responding to terrorist attacks, and should be integrated into State and local planning efforts to ensure that their capabilities and roles are understood, so as to provide enhanced State and local operational capability and surge capacity.CommentsClose CommentsPermalink





(12) Public-private partnerships, such as the partnerships between the Business Executives for National Security and the States of New Jersey and Georgia, can be useful to identify and coordinate private sector support for State and local first responders. Such models should be expanded to cover all States and territories.CommentsClose CommentsPermalink





(13) An important aspect of terrorism preparedness is measurability, so that it is possible to determine how prepared a State or local government is now, and what additional steps it needs to take, in order to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism.CommentsClose CommentsPermalink





(14) The Department of Homeland Security should establish, publish, and regularly update national voluntary consensus standards for both equipment and training, in cooperation with both public and private sector standard setting organizations, to assist State and local governments in obtaining the equipment and training to attain the essential capabilities for first response to acts of terrorism, and to ensure that first responder funds are spent wisely.CommentsClose CommentsPermalink

SEC. 113. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

(a) In General- The Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`TITLE XX--FUNDING FOR FIRST RESPONDERS

`SEC. 2001. DEFINITIONS.

`In this title:CommentsClose CommentsPermalink





`(1) BOARD- The term `Board' means the First Responder Grants Board established under section 2004.CommentsClose CommentsPermalink





`(2) COVERED GRANT- The term `covered grant' means any grant to which this title applies under section 2002.CommentsClose CommentsPermalink





`(3) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means any Indian tribe or consortium of Indian tribes that--CommentsClose CommentsPermalink





`(A) meets the criteria for inclusion in the qualified applicant pool for Self-Governance that are set forth in section 402(c) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458bb(c));CommentsClose CommentsPermalink





`(B) employs at least 10 full-time personnel in a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services; andCommentsClose CommentsPermalink





`(C)(i) is located on, or within 5 miles of, an international border or waterway;CommentsClose CommentsPermalink





`(ii) is located within 5 miles of a facility designated as high-risk critical infrastructure by the Secretary;CommentsClose CommentsPermalink





`(iii) is located within or contiguous to 1 of the 50 largest metropolitan statistical areas in the United States; orCommentsClose CommentsPermalink





`(iv) has more than 1,000 square miles of Indian country, as that term is defined in section 1151 of title 18, United States Code.CommentsClose CommentsPermalink





`(4) ELEVATIONS IN THE THREAT ALERT LEVEL- The term `elevations in the threat alert level' means any designation (including those that are less than national in scope) that raises the homeland security threat level to either the highest or second highest threat level under the Homeland Security Advisory System referred to in section 201(d)(7).CommentsClose CommentsPermalink





`(5) EMERGENCY PREPAREDNESS- The term `emergency preparedness' has the meaning given that term in section 602 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a).CommentsClose CommentsPermalink





`(6) ESSENTIAL CAPABILITIES- The term `essential capabilities' means the levels, availability, and competence of emergency personnel, planning, training, and equipment across a variety of disciplines needed to effectively and efficiently prevent, prepare for, respond to, and recover from acts of terrorism consistent with established practices.CommentsClose CommentsPermalink





`(7) FIRST RESPONDER- The term `first responder' shall have the same meaning as the term `emergency response provider'.CommentsClose CommentsPermalink





`(8) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.CommentsClose CommentsPermalink





`(9) REGION- The term `region' means--CommentsClose CommentsPermalink





`(A) any geographic area consisting of all or parts of 2 or more contiguous States, counties, municipalities, or other local governments that have a combined population of at least 1,650,000 or have an area of not less than 20,000 square miles, and that, for purposes of an application for a covered grant, is represented by 1 or more governments or governmental agencies within such geographic area, and that is established by law or by agreement of 2 or more such governments or governmental agencies in a mutual aid agreement; orCommentsClose CommentsPermalink





`(B) any other combination of contiguous local government units (including such a combination established by law or agreement of 2 or more governments or governmental agencies in a mutual aid agreement) that is formally certified by the Secretary as a region for purposes of this title with the consent of--CommentsClose CommentsPermalink





`(i) the State or States in which they are located, including a multi-State entity established by a compact between 2 or more States; andCommentsClose CommentsPermalink





`(ii) the incorporated municipalities, counties, and parishes that they encompass.CommentsClose CommentsPermalink





`(10) TASK FORCE- The term `Task Force' means the Task Force on Terrorism Preparedness for First Responders established under section 2005.CommentsClose CommentsPermalink





`(11) TERRORISM PREPAREDNESS- The term `terrorism preparedness' means any activity designed to improve the ability to prevent, prepare for, respond to, mitigate against, or recover from threatened or actual terrorist attacks.CommentsClose CommentsPermalink

`SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

`(a) Covered Grants- This title applies to grants provided by the Department to States, regions, or directly eligible tribes for the primary purpose of improving the ability of first responders to prevent, prepare for, respond to, mitigate against, or recover from threatened or actual terrorist attacks, especially those involving weapons of mass destruction, administered under the following:CommentsClose CommentsPermalink





`(1) STATE HOMELAND SECURITY GRANT PROGRAM- The State Homeland Security Grant Program of the Department, or any successor to such grant program.CommentsClose CommentsPermalink





`(2) URBAN AREA SECURITY INITIATIVE- The Urban Area Security Initiative of the Department, or any successor to such grant program.CommentsClose CommentsPermalink





`(3) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM- The Law Enforcement Terrorism Prevention Program of the Department, or any successor to such grant program.CommentsClose CommentsPermalink





`(b) Excluded Programs- This title does not apply to or otherwise affect the following Federal grant programs or any grant under such a program:CommentsClose CommentsPermalink





`(1) NONDEPARTMENT PROGRAMS- Any Federal grant program that is not administered by the Department.CommentsClose CommentsPermalink





`(2) FIRE GRANT PROGRAMS- The fire grant programs authorized by sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a).CommentsClose CommentsPermalink





`(3) EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE ACCOUNT GRANTS- The Emergency Management Performance Grant program and the Urban Search and Rescue Grants program authorized by title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 et seq.), and the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.).CommentsClose CommentsPermalink

`SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA.

`(a) Grant Eligibility- Any State, region, or directly eligible tribe shall be eligible to apply for a covered grant.CommentsClose CommentsPermalink





`(b) Grant Criteria- The Secretary shall award covered grants to assist States and local governments in achieving, maintaining, and enhancing the essential capabilities for terrorism preparedness established by the Secretary.CommentsClose CommentsPermalink





`(c) State Homeland Security Plans-CommentsClose CommentsPermalink





`(1) SUBMISSION OF PLANS- The Secretary shall require that any State applying to the Secretary for a covered grant shall submit to the Secretary a 3-year State homeland security plan that--CommentsClose CommentsPermalink





`(A) describes the essential capabilities that communities within the State should possess, or to which they should have access, based upon the terrorism risk factors relevant to such communities, in order to meet the Department's goals for terrorism preparedness;CommentsClose CommentsPermalink





`(B) demonstrates the extent to which the State has achieved the essential capabilities that apply to the State;CommentsClose CommentsPermalink





`(C) demonstrates the needs of the State necessary to achieve, maintain, or enhance the essential capabilities that apply to the State;CommentsClose CommentsPermalink





`(D) includes a prioritization of such needs based on threat, vulnerability, and consequence assessment factors applicable to the State;CommentsClose CommentsPermalink





`(E) describes how the State intends to--CommentsClose CommentsPermalink





`(i) address such needs at the city, county, regional, tribal, State, and interstate level, including a precise description of any regional structure the State has established for the purpose of organizing homeland security preparedness activities funded by covered grants;CommentsClose CommentsPermalink





`(ii) use all Federal, State, and local resources available for the purpose of addressing such needs; andCommentsClose CommentsPermalink





`(iii) give particular emphasis to regional planning and cooperation, including the activities of multijurisdictional planning agencies governed by local officials, both within its jurisdictional borders and with neighboring States;CommentsClose CommentsPermalink





`(F) with respect to the emergency preparedness of first responders, addresses the unique aspects of terrorism as part of a comprehensive State emergency management plan; andCommentsClose CommentsPermalink





`(G) provides for coordination of response and recovery efforts at the local level, including procedures for effective incident command in conformance with the National Incident Management System.CommentsClose CommentsPermalink





`(2) CONSULTATION- The State plan submitted under paragraph (1) for a State shall be developed in consultation with and subject to appropriate comment by local governments and first responders within that State.CommentsClose CommentsPermalink





`(3) APPROVAL BY SECRETARY- The Secretary may not award any covered grant to a State unless the Secretary has approved the applicable State homeland security plan.CommentsClose CommentsPermalink





`(4) REVISIONS- A State may revise the homeland security plan for that State approved by the Secretary under this subsection, subject to approval of the revision by the Secretary.CommentsClose CommentsPermalink





`(d) Consistency With State Plans- The Secretary shall ensure that each covered grant is used to supplement and support, in a consistent and coordinated manner, the applicable State homeland security plan or plans.CommentsClose CommentsPermalink





`(e) Application for Grant-CommentsClose CommentsPermalink





`(1) IN GENERAL- Except as otherwise provided in this subsection, any State, region, or directly eligible tribe may apply for a covered grant by submitting to the Secretary an application at such time, in such manner, and containing such information as is required under this subsection, or as the Secretary may reasonably require.CommentsClose CommentsPermalink





`(2) DEADLINES FOR APPLICATIONS AND AWARDS- All applications for covered grants shall be submitted at such time as the Secretary may reasonably require for the fiscal year for which they are submitted. The Secretary shall award covered grants pursuant to all approved applications for such fiscal year as soon as practicable, but not later than March 1 of such year.CommentsClose CommentsPermalink





`(3) AVAILABILITY OF FUNDS- All funds awarded by the Secretary under covered grants in a fiscal year shall be available for obligation through the end of the subsequent fiscal year.CommentsClose CommentsPermalink





`(4) MINIMUM CONTENTS OF APPLICATION- The Secretary shall require that each applicant include in its application, at a minimum--CommentsClose CommentsPermalink





`(A) the purpose for which the applicant seeks covered grant funds and the reasons why the applicant needs the covered grant to meet the essential capabilities for terrorism preparedness within the State, region, or directly eligible tribe to which the application pertains;CommentsClose CommentsPermalink





`(B) a description of how, by reference to the applicable State homeland security plan or plans under subsection (c), the allocation of grant funding proposed in the application, including, where applicable, the amount not passed through under section 2006(g)(1), would assist in fulfilling the essential capabilities for terrorism preparedness specified in such plan or plans;CommentsClose CommentsPermalink





`(C) a statement of whether a mutual aid agreement applies to the use of all or any portion of the covered grant funds;CommentsClose CommentsPermalink





`(D) if the applicant is a State, a description of how the State plans to allocate the covered grant funds to regions, local governments, and Indian tribes;CommentsClose CommentsPermalink





`(E) if the applicant is a region--CommentsClose CommentsPermalink





`(i) a precise geographical description of the region and a specification of all participating and nonparticipating local governments within the geographical area comprising that region;CommentsClose CommentsPermalink





`(ii) a specification of what governmental entity within the region will administer the expenditure of funds under the covered grant; andCommentsClose CommentsPermalink





`(iii) a designation of a specific individual to serve as regional liaison;CommentsClose CommentsPermalink





`(F) a capital budget showing how the applicant intends to allocate and expend the covered grant funds;CommentsClose CommentsPermalink





`(G) if the applicant is a directly eligible tribe, a designation of a specific individual to serve as the tribal liaison; andCommentsClose CommentsPermalink





`(H) a statement of how the applicant intends to meet the matching requirement, if any, that applies under section 2006(g)(2).CommentsClose CommentsPermalink





`(5) REGIONAL APPLICATIONS-CommentsClose CommentsPermalink





`(A) RELATIONSHIP TO STATE APPLICATIONS- A regional application shall--CommentsClose CommentsPermalink





`(i) be coordinated with an application submitted by the State or States of which such region is a part;CommentsClose CommentsPermalink





`(ii) supplement and avoid duplication with such State application; andCommentsClose CommentsPermalink





`(iii) address the unique regional aspects of such region's terrorism preparedness needs beyond those provided for in the application of such State or States.CommentsClose CommentsPermalink





`(B) STATE REVIEW AND SUBMISSION- To ensure the consistency required under subsection (d) and the coordination required under subparagraph (A) of this paragraph, an applicant that is a region shall submit its application to each State of which any part is included in the region for review and concurrence prior to the submission of such application to the Secretary. The regional application shall be transmitted to the Secretary through each such State not later than 30 days after the date of its receipt, unless the Governor of such a State notifies the Secretary, in writing, that such regional application is inconsistent with the State's homeland security plan and provides an explanation of the reasons therefor.CommentsClose CommentsPermalink





`(C) DISTRIBUTION OF REGIONAL AWARDS-CommentsClose CommentsPermalink





`(i) IN GENERAL- If the Secretary approves a regional application, the Secretary shall distribute a regional award to the State or States submitting the applicable regional application under subparagraph (B), and each such State shall, not later than the end of the 45-day period beginning on the day after the date of receiving a regional award, pass through to the region all covered grant funds or resources purchased with such funds, except those funds necessary for the State to carry out its responsibilities with respect to such regional application.CommentsClose CommentsPermalink





`(ii) MINIMUM- In no such case shall the State or States submitting the applicable regional application under subparagraph (B) pass through to the region less than 80 percent of the regional award.CommentsClose CommentsPermalink





`(D) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO REGIONS- Any State that receives a regional award under subparagraph (C) shall certify to the Secretary, by not later than 30 days after the expiration of the period described in subparagraph (C)(i) with respect to the grant, that the State has made available to the region the required funds and resources in accordance with subparagraph (C).CommentsClose CommentsPermalink





`(E) DIRECT PAYMENTS TO REGIONS- If any State fails to pass through a regional award to a region as required by subparagraph (C) within 45 days after receiving such award and does not request or receive an extension of such period under section 2006(h)(2), the region may petition the Secretary to receive directly the portion of the regional award that is required to be passed through to such region under subparagraph (C).CommentsClose CommentsPermalink





`(F) REGIONAL LIAISONS- A regional liaison designated under paragraph (4)(E)(iii) shall--CommentsClose CommentsPermalink





`(i) coordinate with officials from Federal, State, local, and regional governments and private entities within the region concerning terrorism preparedness;CommentsClose CommentsPermalink





`(ii) develop a process for receiving input from officials from Federal, State, local, and regional governments and private entities within the region to assist in the development of the regional application and to improve the region's access to covered grants; andCommentsClose CommentsPermalink





`(iii) administer, in consultation with officials from State, local, and regional governments and private entities within the region, covered grants awarded to the region.CommentsClose CommentsPermalink





`(6) TRIBAL APPLICATIONS-CommentsClose CommentsPermalink





`(A) SUBMISSION TO THE STATE OR STATES- To ensure the consistency required under subsection (d), an applicant that is a directly eligible tribe shall submit its application to each State within the boundaries of which any part of such tribe is located for direct submission to the Department along with the application of such State or States.CommentsClose CommentsPermalink





`(B) OPPORTUNITY FOR STATE COMMENT- Before awarding any covered grant to a directly eligible tribe, the Secretary shall provide an opportunity to each State within the boundaries of which any part of such tribe is located to comment to the Secretary on the consistency of the tribe's application with the State's homeland security plan. Any such comments shall be submitted to the Secretary concurrently with the submission of the State and tribal applications.CommentsClose CommentsPermalink





`(C) FINAL AUTHORITY- The Secretary shall have final authority to determine the consistency of any application of a directly eligible tribe with the applicable State homeland security plan or plans, and to approve any application of such tribe. The Secretary shall notify each State within the boundaries of which any part of such tribe is located of the approval of an application by such tribe.CommentsClose CommentsPermalink





`(D) TRIBAL LIAISON- A tribal liaison designated under paragraph (4)(G) shall--CommentsClose CommentsPermalink





`(i) coordinate with officials from Federal, State, local, and regional governments and private entities concerning terrorism preparedness;CommentsClose CommentsPermalink





`(ii) develop a process for receiving input from officials from Federal, State, local, and regional governments and private entities to assist in the development of the application of such tribe and to improve the tribe's access to covered grants; andCommentsClose CommentsPermalink





`(iii) administer, in consultation with State, local, and regional governments and private officials, covered grants awarded to such tribe.CommentsClose CommentsPermalink





`(E) LIMITATION ON THE NUMBER OF DIRECT GRANTS- The Secretary may make covered grants directly to not more than 20 directly eligible tribes per fiscal year.CommentsClose CommentsPermalink





`(F) TRIBES NOT RECEIVING DIRECT GRANTS- An Indian tribe that does not receive a grant directly under this section is eligible to receive funds under a covered grant from the State or States within the boundaries of which any part of such tribe is located, consistent with the homeland security plan of the State as described in subsection (c). If a State fails to comply with section 2006(g)(1), the tribe may request payment under section 2006(h)(3) in the same manner as a local government.CommentsClose CommentsPermalink





`(7) EQUIPMENT STANDARDS- If an applicant for a covered grant proposes to upgrade or purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards established by the Secretary, the applicant shall include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.CommentsClose CommentsPermalink

`SEC. 2004. RISK-BASED EVALUATION AND PRIORITIZATION.

`(a) First Responder Grants Board-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT OF BOARD- The Secretary shall establish a First Responder Grants Board, consisting of--CommentsClose CommentsPermalink





`(A) the Secretary;CommentsClose CommentsPermalink





`(B) the Under Secretary for Emergency Preparedness and Response;CommentsClose CommentsPermalink





`(C) the Under Secretary for Border and Transportation Security;CommentsClose CommentsPermalink





`(D) the Under Secretary for Information Analysis and Infrastructure Protection;CommentsClose CommentsPermalink





`(E) the Under Secretary for Science and Technology;CommentsClose CommentsPermalink





`(F) the Director of the Office for Domestic Preparedness;CommentsClose CommentsPermalink





`(G) the Administrator of the United States Fire Administration; andCommentsClose CommentsPermalink





`(H) the Administrator of the Animal and Plant Health Inspection Service.CommentsClose CommentsPermalink





`(2) CHAIRMAN-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall be the Chairman of the Board.CommentsClose CommentsPermalink





`(B) EXERCISE OF AUTHORITIES BY DEPUTY SECRETARY- The Deputy Secretary of Homeland Security may exercise the authorities of the Chairman, if the Secretary so directs.CommentsClose CommentsPermalink





`(b) Functions of Under Secretaries- The under secretaries referred to in subsection (a)(1) shall seek to ensure that the relevant expertise and input of the staff of their directorates are available to and considered by the Board.CommentsClose CommentsPermalink





`(c) Prioritization of Grant Applications-CommentsClose CommentsPermalink





`(1) FACTORS TO BE CONSIDERED- The Board shall evaluate and annually prioritize all pending applications for covered grants based upon the degree to which they would, by achieving, maintaining, or enhancing the essential capabilities of the applicants on a nationwide basis, lessen the threat to, vulnerability of, and consequences for persons (including transient commuting and tourist populations) and critical infrastructure. Such evaluation and prioritization shall be based upon the most current risk assessment available by the Directorate for Information Analysis and Infrastructure Protection of the threats of terrorism against the United States. The Board shall coordinate with State, local, regional, and tribal government officials in establishing criteria for evaluating and prioritizing applications for covered grants.CommentsClose CommentsPermalink





`(2) CRITICAL INFRASTRUCTURE SECTORS-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Board specifically shall consider threats of terrorism against the following critical infrastructure sectors in all areas of the United States, urban and rural:CommentsClose CommentsPermalink





`(i) Agriculture and food.CommentsClose CommentsPermalink





`(ii) Banking and finance.CommentsClose CommentsPermalink





`(iii) Chemical industries.CommentsClose CommentsPermalink





`(iv) The defense industrial base.CommentsClose CommentsPermalink





`(v) Emergency services.CommentsClose CommentsPermalink





`(vi) Energy.CommentsClose CommentsPermalink





`(vii) Government facilities.CommentsClose CommentsPermalink





`(viii) Postal and shipping.CommentsClose CommentsPermalink





`(ix) Public health and health care.CommentsClose CommentsPermalink





`(x) Information technology.CommentsClose CommentsPermalink





`(xi) Telecommunications.CommentsClose CommentsPermalink





`(xii) Transportation systems.CommentsClose CommentsPermalink





`(xiii) Water.CommentsClose CommentsPermalink





`(xiv) Dams.CommentsClose CommentsPermalink





`(xv) Commercial facilities.CommentsClose CommentsPermalink





`(xvi) National monuments and icons.CommentsClose CommentsPermalink





`(B) CONSTRUCTION- The order in which the critical infrastructure sectors are listed in subparagraph (A) shall not be construed as an order of priority for consideration of the importance of such sectors.CommentsClose CommentsPermalink





`(3) TYPES OF THREAT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Board specifically shall consider the following types of threat to the critical infrastructure sectors described in paragraph (2), and to populations in all areas of the United States, urban and rural:CommentsClose CommentsPermalink





`(i) Biological threats.CommentsClose CommentsPermalink





`(ii) Nuclear threats.CommentsClose CommentsPermalink





`(iii) Radiological threats.CommentsClose CommentsPermalink





`(iv) Incendiary threats.CommentsClose CommentsPermalink





`(v) Chemical threats.CommentsClose CommentsPermalink





`(vi) Explosives.CommentsClose CommentsPermalink





`(vii) Suicide bombers.CommentsClose CommentsPermalink





`(viii) Cyber threats.CommentsClose CommentsPermalink





`(ix) Any other threats based on proximity to specific past acts of terrorism or the known activity of any terrorist group.CommentsClose CommentsPermalink





`(B) CONSTRUCTION- The order in which the types of threat are listed in subparagraph (A) shall not be construed as an order of priority for consideration of the importance of such threats.CommentsClose CommentsPermalink





`(4) CONSIDERATION OF ADDITIONAL FACTORS- The Board shall take into account any other specific threat to a population (including a transient commuting or tourist population) or critical infrastructure sector that the Board has determined to exist. In evaluating the threat to a population or critical infrastructure sector, the Board shall give greater weight to threats of terrorism based upon their specificity and credibility, including any pattern of repetition.CommentsClose CommentsPermalink





`(5) MINIMUM AMOUNTS- After evaluating and prioritizing grant applications under paragraph (1), the Board shall ensure that, for each fiscal year--CommentsClose CommentsPermalink





`(A) each of the States, other than the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, that has an approved State homeland security plan receives not less than 0.25 percent of the funds available for covered grants for that fiscal year for purposes of implementing its homeland security plan in accordance with the prioritization of needs under section 2003(c)(1)(D);CommentsClose CommentsPermalink





`(B) each of the States, other than the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, that has an approved State homeland security plan and that meets 1 or both of the additional high-risk qualifying criteria under paragraph (6) receives not less than 0.45 percent of the funds available for covered grants for that fiscal year for purposes of implementing its homeland security plan in accordance with the prioritization of needs under section 2003(c)(1)(D);CommentsClose CommentsPermalink





`(C) the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each receives not less than 0.08 percent of the funds available for covered grants for that fiscal year for purposes of implementing its approved State homeland security plan in accordance with the prioritization of needs under section 2003(c)(1)(D); andCommentsClose CommentsPermalink





`(D) directly eligible tribes collectively receive not less than 0.08 percent of the funds available for covered grants for such fiscal year for purposes of addressing the needs identified in the applications of such tribes, consistent with the homeland security plan of each State within the boundaries of which any part of any such tribe is located, except that this subparagraph shall not apply with respect to funds available for a fiscal year if the Secretary receives less than 5 applications for such fiscal year from such tribes under section 2003(e)(6)(A) or does not approve at least 1 such application.CommentsClose CommentsPermalink





`(6) ADDITIONAL HIGH-RISK QUALIFYING CRITERIA- For purposes of paragraph (5)(B), additional high-risk qualifying criteria consist of--CommentsClose CommentsPermalink





`(A) having a significant international land border; orCommentsClose CommentsPermalink





`(B) adjoining a body of water within North America through which an international boundary line extends.CommentsClose CommentsPermalink





`(d) Effect of Regional Awards on State Minimum- Any regional award, or portion thereof, provided to a State under section 2003(e)(5)(C) shall not be considered in calculating the minimum State award under subsection (c)(5) of this section.CommentsClose CommentsPermalink

`SEC. 2005. TASK FORCE ON TERRORISM PREPAREDNESS FOR FIRST RESPONDERS.

`(a) Establishment- To assist the Secretary in updating, revising, or replacing essential capabilities for terrorism preparedness, the Secretary shall establish an advisory body pursuant to section 871(a) not later than 60 days after the date of enactment of this section, which shall be known as the Task Force on Terrorism Preparedness for First Responders.CommentsClose CommentsPermalink





`(b) Update, Revise, or Replace- The Secretary shall regularly update, revise, or replace the essential capabilities for terrorism preparedness as necessary, but not less than every 3 years.CommentsClose CommentsPermalink





`(c) Report-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Task Force shall submit to the Secretary, by not later than 12 months after its establishment by the Secretary under subsection (a), and not later than every 2 years thereafter, a report on its recommendations for essential capabilities for terrorism preparedness.CommentsClose CommentsPermalink





`(2) CONTENTS- Each report under paragraph (1) shall--CommentsClose CommentsPermalink





`(A) include a priority ranking of essential capabilities in order to provide guidance to the Secretary and to Congress on determining the appropriate allocation of, and funding levels for, first responder needs;CommentsClose CommentsPermalink





`(B) set forth a methodology by which any State or local government will be able to determine the extent to which it possesses or has access to the essential capabilities that States and local governments having similar risks should obtain;CommentsClose CommentsPermalink





`(C) describe the availability of national voluntary consensus standards, and whether there is a need for new national voluntary consensus standards, with respect to first responder training and equipment;CommentsClose CommentsPermalink





`(D) include such additional matters as the Secretary may specify in order to further the terrorism preparedness capabilities of first responders; andCommentsClose CommentsPermalink





`(E) include such revisions to the contents of previous reports as are necessary to take into account changes in the most current risk assessment available by the Directorate for Information Analysis and Infrastructure Protection or other relevant information as determined by the Secretary.CommentsClose CommentsPermalink





`(3) CONSISTENCY WITH FEDERAL WORKING GROUP- The Task Force shall ensure that its recommendations for essential capabilities for terrorism preparedness are, to the extent feasible, consistent with any preparedness goals or recommendations of the Federal working group established under section 319F(a) of the Public Health Service Act (42 U.S.C. 247d-6(a)).CommentsClose CommentsPermalink





`(4) COMPREHENSIVENESS- The Task Force shall ensure that its recommendations regarding essential capabilities for terrorism preparedness are made within the context of a comprehensive State emergency management system.CommentsClose CommentsPermalink





`(5) PRIOR MEASURES- The Task Force shall ensure that its recommendations regarding essential capabilities for terrorism preparedness take into account any capabilities that State or local officials have determined to be essential and have undertaken since September 11, 2001, to prevent, prepare for, respond to, or recover from terrorist attacks.CommentsClose CommentsPermalink





`(d) Membership-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Task Force shall consist of 25 members appointed by the Secretary, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of governmental and nongovernmental first responder disciplines from the State and local levels, including as appropriate--CommentsClose CommentsPermalink





`(A) members selected from the emergency response field, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel (including public works personnel routinely engaged in emergency response);CommentsClose CommentsPermalink





`(B) health scientists, emergency and inpatient medical providers, and public health professionals (including experts in emergency health care response to chemical, biological, radiological, and nuclear terrorism and experts in providing mental health care during emergency response operations);CommentsClose CommentsPermalink





`(C) experts from Federal, State, and local governments, and the private sector, representing standards-setting organizations (including representation from the voluntary consensus codes and standards development community, particularly those with expertise in first responder disciplines); andCommentsClose CommentsPermalink





`(D) State and local government officials with expertise in terrorism preparedness, subject to the condition that if any such official is an elected official representing 1 of the 2 major political parties, an equal number of elected officials shall be selected from each such party.CommentsClose CommentsPermalink





`(2) COORDINATION WITH THE DEPARTMENT OF HEALTH AND HEALTH SERVICES- In the selection of members of the Task Force who are health professionals, including emergency medical professionals, the Secretary shall coordinate such selection with the Secretary of Health and Human Services.CommentsClose CommentsPermalink





`(3) EX OFFICIO MEMBERS- The Secretary and the Secretary of Health and Human Services shall each designate 1 or more officers of their respective Departments to serve as ex officio members of the Task Force. One of the ex officio members from the Department of Homeland Security shall be the designated officer of the Federal Government for purposes of subsection (e) of section 10 of the Federal Advisory Committee Act (5 App. U.S.C.).CommentsClose CommentsPermalink





`(e) Applicability of Federal Advisory Committee Act- Notwithstanding section 871(a), the Federal Advisory Committee Act (5 App. U.S.C.), including subsections (a), (b), and (d) of section 10 of such Act, and section 552b(c) of title 5, United States Code, shall apply to the Task Force.CommentsClose CommentsPermalink

`SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

`(a) In General- A covered grant may be used for--CommentsClose CommentsPermalink





`(1) purchasing or upgrading equipment, including computer software, to enhance terrorism preparedness;CommentsClose CommentsPermalink





`(2) exercises to strengthen terrorism preparedness;CommentsClose CommentsPermalink





`(3) training for prevention (including detection) of, preparedness for, response to, or recovery from attacks involving weapons of mass destruction, including training in the use of equipment and computer software;CommentsClose CommentsPermalink





`(4) developing or updating State homeland security plans, risk assessments, mutual aid agreements, and emergency management plans to enhance terrorism preparedness;CommentsClose CommentsPermalink





`(5) establishing or enhancing mechanisms for sharing terrorism threat information;CommentsClose CommentsPermalink





`(6) systems architecture and engineering, program planning and management, strategy formulation and strategic planning, life-cycle systems design, product and technology evaluation, and prototype development for terrorism preparedness purposes;CommentsClose CommentsPermalink





`(7) additional personnel costs resulting from--CommentsClose CommentsPermalink





`(A) elevations in the threat alert level of the Homeland Security Advisory System by the Secretary, or a similar elevation in threat alert level issued by a State, region, or local government with the approval of the Secretary;CommentsClose CommentsPermalink





`(B) travel to and participation in exercises and training in the use of equipment and on prevention activities; andCommentsClose CommentsPermalink





`(C) the temporary replacement of personnel during any period of travel to and participation in exercises and training in the use of equipment and on prevention activities;CommentsClose CommentsPermalink





`(8) the costs of equipment (including software) required to receive, transmit, handle, and store classified information;CommentsClose CommentsPermalink





`(9) protecting critical infrastructure against potential attack by the addition of barriers, fences, gates, and other such devices, except that the cost of such measures may not exceed the greater of--CommentsClose CommentsPermalink





`(A) $1,000,000 per project; orCommentsClose CommentsPermalink





`(B) such greater amount as may be approved by the Secretary, which may not exceed 10 percent of the total amount of the covered grant;CommentsClose CommentsPermalink





`(10) the costs of commercially available interoperable communications equipment (which, where applicable, is based on national, voluntary consensus standards) that the Secretary, in consultation with the Chairman of the Federal Communications Commission, determines is best suited to facilitate interoperability, coordination, and integration between and among emergency communications systems, and that complies with prevailing grant guidance of the Department for interoperable communications;CommentsClose CommentsPermalink





`(11) educational curricula development for first responders to ensure that they are prepared for terrorist attacks;CommentsClose CommentsPermalink





`(12) training and exercises to assist public elementary and secondary schools in developing and implementing programs to instruct students regarding age-appropriate skills to prevent, prepare for, respond to, mitigate against, or recover from an act of terrorism;CommentsClose CommentsPermalink





`(13) paying of administrative expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant;CommentsClose CommentsPermalink





`(14) paying for the conduct of any activity permitted under the Law Enforcement Terrorism Prevention Program, or any such successor to such program; andCommentsClose CommentsPermalink





`(15) other appropriate activities as determined by the Secretary.CommentsClose CommentsPermalink





`(b) Prohibited Uses- Funds provided as a covered grant may not be used--CommentsClose CommentsPermalink





`(1) to supplant State or local funds;CommentsClose CommentsPermalink





`(2) to construct buildings or other physical facilities;CommentsClose CommentsPermalink





`(3) to acquire land; orCommentsClose CommentsPermalink





`(4) for any State or local government cost sharing contribution.CommentsClose CommentsPermalink





`(c) Multiple-Purpose Funds- Nothing in this section shall be construed to preclude State and local governments from using covered grant funds in a manner that also enhances first responder preparedness for emergencies and disasters unrelated to acts of terrorism, if such use assists such governments in achieving essential capabilities for terrorism preparedness established by the Secretary.CommentsClose CommentsPermalink





`(d) Reimbursement of Costs-CommentsClose CommentsPermalink





`(1) IN GENERAL- In addition to the activities described in subsection (a), a covered grant may be used to provide a reasonable stipend to paid-on-call or volunteer first responders who are not otherwise compensated for travel to or participation in training covered by this section. Any such reimbursement shall not be considered compensation for purposes of rendering such a first responder an employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).CommentsClose CommentsPermalink





`(2) STATE OR LOCAL GOVERNMENT- An applicant for a covered grant may petition the Secretary for the reimbursement of the cost of any activity relating to prevention (including detection) of, preparedness for, response to, or recovery from acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by a State or local government under agreement with a Federal agency.CommentsClose CommentsPermalink





`(e) Assistance Requirement- The Secretary may not require that equipment paid for, wholly or in part, with funds provided as a covered grant be made available for responding to emergencies in surrounding States, regions, and localities, unless the Secretary undertakes to pay the costs directly attributable to transporting and operating such equipment during such response.CommentsClose CommentsPermalink





`(f) Flexibility in Unspent Homeland Security Grant Funds- Upon request by the recipient of a covered grant, the Secretary may authorize the grantee to transfer all or part of funds provided as the covered grant from uses specified in the grant agreement to other uses authorized under this section, if the Secretary determines that such transfer is in the interests of homeland security.CommentsClose CommentsPermalink





`(g) State, Regional, and Tribal Responsibilities-CommentsClose CommentsPermalink





`(1) PASS-THROUGH- The Secretary shall require a recipient of a covered grant that is a State to obligate or otherwise make available to local governments, first responders, and other local groups, to the extent required under the State homeland security plan or plans specified in the application for the grant, not less than 80 percent of the grant funds, resources purchased with the grant funds having a value equal to at least 80 percent of the amount of the grant, or a combination thereof, by not later than the end of the 45-day period beginning on the date the grant recipient receives the grant funds.CommentsClose CommentsPermalink





`(2) COST SHARING-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Federal share of the costs of an activity carried out with a covered grant to a State, region, or directly eligible tribe awarded after the 2-year period beginning on the date of enactment of this section shall not exceed 75 percent.CommentsClose CommentsPermalink





`(B) INTERIM RULE- The Federal share of the costs of an activity carried out with a covered grant awarded before the end of the 2-year period beginning on the date of enactment of this section shall be 100 percent.CommentsClose CommentsPermalink





`(C) IN-KIND MATCHING- Each recipient of a covered grant may meet the matching requirement under subparagraph (A) by making in-kind contributions of goods or services that are directly linked with the purpose for which the grant is made, including any necessary personnel overtime, contractor services, administrative costs, equipment fuel and maintenance, and rental space.CommentsClose CommentsPermalink





`(3) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO LOCAL GOVERNMENTS- Not later than 30 days after the expiration of the period described in paragraph (1) with respect to a grant, any State that receives a covered grant shall certify to the Secretary that the State has made available for expenditure by local governments, first responders, and other local groups the required amount of grant funds under paragraph (1).CommentsClose CommentsPermalink





`(4) QUARTERLY REPORT ON HOMELAND SECURITY SPENDING-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Federal share described in paragraph (2)(A) may be increased by not more than 2 percent for any State, region, or directly eligible tribe that, not later than 30 days after the end of each fiscal quarter, submits to the Secretary a report on that fiscal quarter.CommentsClose CommentsPermalink





`(B) CONTENTS- Each report under subparagraph (A) shall include, for each recipient of a covered grant or a pass-through under paragraph (1)--CommentsClose CommentsPermalink





`(i) the amount obligated to that recipient in that quarter;CommentsClose CommentsPermalink





`(ii) the amount expended by that recipient in that quarter; andCommentsClose CommentsPermalink





`(iii) a summary description of the items purchased by such recipient with such amount.CommentsClose CommentsPermalink





`(5) ANNUAL REPORT ON HOMELAND SECURITY SPENDING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 60 days after the end of each Federal fiscal year, each recipient of a covered grant shall submit an annual report to the Secretary. Each recipient of a covered grant that is a region shall simultaneously submit its report to each State of which any part is included in the region. Each recipient of a covered grant that is a directly eligible tribe shall simultaneously submit its report to each State within the boundaries of which any part of such tribe is located.CommentsClose CommentsPermalink





`(B) CONTENTS- Each report submitted under subparagraph (A) shall:CommentsClose CommentsPermalink





`(i) The amount, ultimate recipients, and dates of receipt of all funds received under the grant during the previous fiscal year.CommentsClose CommentsPermalink





`(ii) The amount and the dates of disbursements of all such funds expended in compliance with paragraph (1) or pursuant to mutual aid agreements or other sharing arrangements that apply within the State, region, or directly eligible tribe, as applicable, during the previous fiscal year.CommentsClose CommentsPermalink





`(iii) How the funds were utilized by each ultimate recipient or beneficiary during the preceding fiscal year.CommentsClose CommentsPermalink





`(iv) The extent to which essential capabilities identified in the applicable State homeland security plan or plans were achieved, maintained, or enhanced as the result of the expenditure of grant funds during the preceding fiscal year.CommentsClose CommentsPermalink





`(v) The extent to which essential capabilities identified in the applicable State homeland security plan or plans remain unmet.CommentsClose CommentsPermalink





`(6) INCLUSION OF RESTRICTED ANNEXES- A recipient of a covered grant may submit to the Secretary an annex to the annual report under paragraph (5) that is subject to appropriate handling restrictions, if the recipient believes that discussion in the report of unmet needs would reveal sensitive but unclassified information.CommentsClose CommentsPermalink





`(7) PROVISION OF REPORTS- The Secretary shall ensure that each annual report under paragraph (5) is provided to the Under Secretary for Emergency Preparedness and Response and the Director of the Office for Domestic Preparedness.CommentsClose CommentsPermalink





`(h) Incentives to Efficient Administration of Homeland Security Grants-CommentsClose CommentsPermalink





`(1) PENALTIES FOR DELAY IN PASSING THROUGH LOCAL SHARE- If a recipient of a covered grant that is a State fails to pass through to local governments, first responders, and other local groups funds or resources required by subsection (g)(1) within 45 days after receiving funds under the grant, the Secretary may--CommentsClose CommentsPermalink





`(A) reduce grant payments to the grant recipient from the portion of grant funds that is not required to be passed through under subsection (g)(1);CommentsClose CommentsPermalink





`(B) terminate payment of funds under the grant to the recipient, and transfer the appropriate portion of those funds directly to local first responders that were intended to receive funding under that grant; orCommentsClose CommentsPermalink





`(C) impose additional restrictions or burdens on the recipient's use of funds under the grant, which may include--CommentsClose CommentsPermalink





`(i) prohibiting use of such funds to pay the grant recipient's grant-related overtime or other expenses;CommentsClose CommentsPermalink





`(ii) requiring the grant recipient to distribute to local government beneficiaries all or a portion of grant funds that are not required to be passed through under subsection (g)(1); orCommentsClose CommentsPermalink





`(iii) for each day that the grant recipient fails to pass through funds or resources in accordance with subsection (g)(1), reducing grant payments to the grant recipient from the portion of grant funds that is not required to be passed through under subsection (g)(1), except that the total amount of such reduction may not exceed 20 percent of the total amount of the grant.CommentsClose CommentsPermalink





`(2) EXTENSION OF PERIOD- The Governor of a State may request in writing that the Secretary extend the 45-day period under section 2003(e)(5)(E) or paragraph (1) for an additional 15-day period. The Secretary may approve such a request, and may extend such period for additional 15-day periods, if the Secretary determines that the resulting delay in providing grant funding to the local government entities that will receive funding under the grant will not have a significant detrimental impact on such entities' terrorism preparedness efforts.CommentsClose CommentsPermalink





`(3) PROVISION OF NON-LOCAL SHARE TO LOCAL GOVERNMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary may, upon request by a local government, pay to the local government a portion of the amount of a covered grant awarded to a State in which the local government is located, if--CommentsClose CommentsPermalink





`(i) the local government will use the amount paid to expedite planned enhancements to its terrorism preparedness as described in any applicable State homeland security plan;CommentsClose CommentsPermalink





`(ii) the State has failed to pass through funds or resources in accordance with subsection (g)(1); andCommentsClose CommentsPermalink





`(iii) the local government complies with subparagraphs (B) and (C).CommentsClose CommentsPermalink





`(B) SHOWING REQUIRED- To receive a payment under this paragraph, a local government shall demonstrate that it--CommentsClose CommentsPermalink





`(i) is identified explicitly as an ultimate recipient or intended beneficiary in the approved grant application;CommentsClose CommentsPermalink





`(ii) was intended by the grantee to receive a severable portion of the overall grant for a specific purpose that is identified in the grant application;CommentsClose CommentsPermalink





`(iii) petitioned the grantee for the funds or resources after expiration of the period within which the funds or resources were required to be passed through under subsection (g)(1); andCommentsClose CommentsPermalink





`(iv) did not receive the portion of the overall grant that was earmarked or designated for its use or benefit.CommentsClose CommentsPermalink





`(C) EFFECT OF PAYMENT- Payment of grant funds to a local government under this paragraph shall not--CommentsClose CommentsPermalink





`(i) affect any payment to another local government under this paragraph; andCommentsClose CommentsPermalink





`(ii) prejudice consideration of a request for payment under this paragraph that is submitted by another local government.CommentsClose CommentsPermalink





`(D) DEADLINE FOR ACTION BY SECRETARY- The Secretary shall approve or disapprove each request for payment under this paragraph by not later than 15 days after the date the request is received by the Department.CommentsClose CommentsPermalink





`(i) Reports to Congress- The Secretary shall submit an annual report to Congress by January 31 of each year covering the preceding fiscal year--CommentsClose CommentsPermalink





`(1) describing in detail the amount of Federal funds provided as covered grants that were directed to each State, region, and directly eligible tribe in the preceding fiscal year;CommentsClose CommentsPermalink





`(2) containing information on the use of such grant funds by grantees; andCommentsClose CommentsPermalink





`(3) describing--CommentsClose CommentsPermalink





`(A) the Nation's progress in achieving, maintaining, and enhancing the essential capabilities established by the Secretary as a result of the expenditure of covered grant funds during the preceding fiscal year; andCommentsClose CommentsPermalink





`(B) an estimate of the amount of expenditures required to attain across the United States the essential capabilities established by the Secretary.CommentsClose CommentsPermalink

`SEC. 2007. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND TRAINING.

`(a) Equipment Standards-CommentsClose CommentsPermalink





`(1) IN GENERAL-CommentsClose CommentsPermalink





`(A) DEVELOPMENT AND PROMULGATION- The Secretary, in consultation with the Under Secretaries for Emergency Preparedness and Response and Science and Technology and the Director of the Office for Domestic Preparedness, shall, not later than 6 months after the date of enactment of this section, support the development of, promulgate, and update as necessary national voluntary consensus standards for the performance, use, and validation of first responder equipment for purposes of section 2005(e)(7).CommentsClose CommentsPermalink





`(2) CONTENTS- The standards described in paragraph (1) shall--CommentsClose CommentsPermalink





`(A) be, to the maximum extent practicable, consistent with any voluntary consensus standards in existence on the date of enactment of this section;CommentsClose CommentsPermalink





`(B) take into account, as appropriate, new types of terrorism threats that may not have been contemplated when such existing standards were developed;CommentsClose CommentsPermalink





`(C) be focused on maximizing interoperability, interchangeability, durability, flexibility, efficiency, efficacy, portability, sustainability, and safety; andCommentsClose CommentsPermalink





`(D) cover all appropriate uses of the equipment.CommentsClose CommentsPermalink





`(3) REQUIRED CATEGORIES- In carrying out paragraph (1), the Secretary shall specifically consider the following categories of first responder equipment:CommentsClose CommentsPermalink





`(A) Thermal imaging equipment.CommentsClose CommentsPermalink





`(B) Radiation detection and analysis equipment.CommentsClose CommentsPermalink





`(C) Biological detection and analysis equipment.CommentsClose CommentsPermalink





`(D) Chemical detection and analysis equipment.CommentsClose CommentsPermalink





`(E) Decontamination and sterilization equipment.CommentsClose CommentsPermalink





`(F) Personal protective equipment, including garments, boots, gloves, and hoods and other protective clothing.CommentsClose CommentsPermalink





`(G) Respiratory protection equipment.CommentsClose CommentsPermalink





`(H) Interoperable communications, including wireless and wireline voice, video, and data networks.CommentsClose CommentsPermalink





`(I) Explosive mitigation devices and explosive detection and analysis equipment.CommentsClose CommentsPermalink





`(J) Containment vessels.CommentsClose CommentsPermalink





`(K) Contaminant-resistant vehicles.CommentsClose CommentsPermalink





`(L) Such other equipment for which the Secretary determines that national voluntary consensus standards would be appropriate.CommentsClose CommentsPermalink





`(b) Training Standards-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary, in consultation with the Under Secretaries for Emergency Preparedness and Response and Science and Technology and the Director of the Office for Domestic Preparedness, shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for first responder training carried out with amounts provided under covered grant programs, that will enable State and local government first responders to achieve optimal levels of terrorism preparedness as quickly as practicable.CommentsClose CommentsPermalink





`(2) PRIORITY- The standards described in paragraph (1) shall give priority to providing training to--CommentsClose CommentsPermalink





`(A) enable first responders to prevent, prepare for, respond to, mitigate against, and recover from terrorist threats, including threats from chemical, biological, nuclear, and radiological weapons and explosive devices capable of inflicting significant human casualties; andCommentsClose CommentsPermalink





`(B) familiarize first responders with the proper use of equipment, including software, developed pursuant to the standards established under subsection (a).CommentsClose CommentsPermalink





`(3) REQUIRED CATEGORIES- In carrying out paragraph (1), the Secretary specifically shall include the following categories of first responder activities:CommentsClose CommentsPermalink





`(A) Regional planning.CommentsClose CommentsPermalink





`(B) Joint exercises.CommentsClose CommentsPermalink





`(C) Intelligence collection, analysis, and sharing.CommentsClose CommentsPermalink





`(D) Emergency notification of affected populations.CommentsClose CommentsPermalink





`(E) Detection of biological, nuclear, radiological, and chemical weapons of mass destruction.CommentsClose CommentsPermalink





`(F) Such other activities for which the Secretary determines that national voluntary consensus training standards would be appropriate.CommentsClose CommentsPermalink





`(4) CONSISTENCY- In carrying out this subsection, the Secretary shall ensure that the standards described in paragraph (1) are consistent with the principles of emergency preparedness for all hazards.CommentsClose CommentsPermalink





`(c) Consultation With Standards Organizations- In establishing national voluntary consensus standards for first responder equipment and training under this section, the Secretary shall consult with relevant public and private sector groups, including--CommentsClose CommentsPermalink





`(1) the National Institute of Standards and Technology;CommentsClose CommentsPermalink





`(2) the National Fire Protection Association;CommentsClose CommentsPermalink





`(3) the National Association of County and City Health Officials;CommentsClose CommentsPermalink





`(4) the Association of State and Territorial Health Officials;CommentsClose CommentsPermalink





`(5) the American National Standards Institute;CommentsClose CommentsPermalink





`(6) the National Institute of Justice;CommentsClose CommentsPermalink





`(7) the Inter-Agency Board for Equipment Standardization and Interoperability;CommentsClose CommentsPermalink





`(8) the National Public Health Performance Standards Program;CommentsClose CommentsPermalink





`(9) the National Institute for Occupational Safety and Health;CommentsClose CommentsPermalink





`(10) ASTM International;CommentsClose CommentsPermalink





`(11) the International Safety Equipment Association;CommentsClose CommentsPermalink





`(12) the Emergency Management Accreditation Program; andCommentsClose CommentsPermalink





`(13) to the extent the Secretary considers appropriate, other national voluntary consensus standards development organizations, other interested Federal, State, and local government agencies, and other interested persons.CommentsClose CommentsPermalink





`(d) Coordination With Secretary of HHS- In establishing any national voluntary consensus standards under this section for first responder equipment or training that involve or relate to health professionals, including emergency medical professionals, the Secretary shall coordinate activities under this section with the Secretary of Health and Human Services.'.CommentsClose CommentsPermalink





(b) Definition of Emergency Response Providers- Paragraph (6) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101(6)) is amended by striking `includes' and all that follows and inserting `includes Federal, State, and local governmental and nongovernmental emergency public safety, law enforcement, fire, emergency response, emergency medical (including hospital emergency facilities), and related personnel, organizations, agencies, and authorities.'.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) IN GENERAL- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--CommentsClose CommentsPermalink





(A) by redesignating title XVIII, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as title XIX;CommentsClose CommentsPermalink





(B) by redesignating sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as sections 1901 through 1906, respectively;CommentsClose CommentsPermalink





(C) in section 1904(a), as so redesignated, by striking `section 1802' and inserting `section 1902'; andCommentsClose CommentsPermalink





(D) in section 1906, as so redesignated, by striking `section 1802(a)' each place that term appears and inserting `section 1902(a)'.CommentsClose CommentsPermalink





(2) TABLE OF CONTENTS- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by striking the items relating to title XVIII and sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), and inserting the following:CommentsClose CommentsPermalink

`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

`Sec. 1901. Domestic Nuclear Detection Office.CommentsClose CommentsPermalink





`Sec. 1902. Mission of Office.CommentsClose CommentsPermalink





`Sec. 1903. Hiring authority.CommentsClose CommentsPermalink





`Sec. 1904. Testing authority.CommentsClose CommentsPermalink





`Sec. 1905. Relationship to other Department entities and Federal agencies.CommentsClose CommentsPermalink





`Sec. 1906. Contracting and grant making authorities.CommentsClose CommentsPermalink

`TITLE XX--FUNDING FOR FIRST RESPONDERS

`Sec. 2001. Definitions.CommentsClose CommentsPermalink





`Sec. 2002. Faster and Smarter Funding for First Responders.CommentsClose CommentsPermalink





`Sec. 2003. Covered grant eligibility and criteria.CommentsClose CommentsPermalink





`Sec. 2004. Risk-based evaluation and prioritization.CommentsClose CommentsPermalink





`Sec. 2005. Task Force on Terrorism Preparedness for First Responders.CommentsClose CommentsPermalink





`Sec. 2006. Use of funds and accountability requirements.CommentsClose CommentsPermalink





`Sec. 2007. National standards for first responder equipment and training.'.CommentsClose CommentsPermalink

SEC. 114. SUPERSEDED PROVISION.

This chapter supersedes section 1014(c)(3) of Public Law 107-56.CommentsClose CommentsPermalink

SEC. 115. OVERSIGHT.

The Secretary of Homeland Security shall establish within the Office for Domestic Preparedness an Office of the Comptroller to oversee the grants distribution process and the financial management of the Office for Domestic Preparedness.CommentsClose CommentsPermalink

SEC. 116. GAO REPORT ON AN INVENTORY AND STATUS OF HOMELAND SECURITY FIRST RESPONDER TRAINING.

(a) In General- The Comptroller General of the United States shall submit to Congress, in accordance with this section, reports--CommentsClose CommentsPermalink





(1) on the overall inventory and status of first responder training programs of the Department of Homeland Security and other departments and agencies of the Federal Government; andCommentsClose CommentsPermalink





(2) the extent to which such programs are coordinated.CommentsClose CommentsPermalink





(b) Contents of Reports- The reports under this section shall include--CommentsClose CommentsPermalink





(1) an assessment of the effectiveness of the structure and organization of first responder training programs of the Department of Homeland Security and other departments and agencies of the Federal Government training programs;CommentsClose CommentsPermalink





(2) recommendations to--CommentsClose CommentsPermalink





(A) improve the coordination, structure, and organization of such training programs; andCommentsClose CommentsPermalink





(B) increase the availability of training to first responders who are not able to attend centralized training programs;CommentsClose CommentsPermalink





(3) the structure and organizational effectiveness of such programs for first responders in rural communities;CommentsClose CommentsPermalink





(4) identification of any duplication or redundancy among such programs;CommentsClose CommentsPermalink





(5) a description of the use of State and local training institutions, universities, centers, and the National Domestic Preparedness Consortium in designing and providing training;CommentsClose CommentsPermalink





(6) a cost-benefit analysis of the costs and time required for first responders to participate in training courses at Federal institutions;CommentsClose CommentsPermalink





(7) an assessment of the approval process for certifying training courses offered by entities other than the Department of Homeland Security that are useful for antiterrorism purposes as eligible for grants awarded by the Department;CommentsClose CommentsPermalink





(8) a description of the use of Department of Homeland Security grant funds by States and local governments to acquire training;CommentsClose CommentsPermalink





(9) an analysis of the feasibility of Federal, State, and local personnel receiving the training that is necessary to adopt the National Response Plan and the National Incident Management System; andCommentsClose CommentsPermalink





(10) the role of each first responder training institution within the Department of Homeland Security in the design and implementation of terrorism preparedness and related training courses for first responders.CommentsClose CommentsPermalink





(c) Deadlines- The Comptroller General shall--CommentsClose CommentsPermalink





(1) submit the report required under subsection (a)(1) by not later than 60 days after the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) submit a report on the remainder of the topics required by this section by not later than 120 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 117. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.

(a) Liability Protection- A civil action for damages relating to personal injuries, property damage or loss, or death caused, after the donation of such equipment, by fire control or fire rescue equipment donated to a volunteer fire company against the person that donated the equipment may not be brought in any State or Federal court.CommentsClose CommentsPermalink





(b) Exceptions- Subsection (a) does not apply to a person if--CommentsClose CommentsPermalink





(1) the person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; orCommentsClose CommentsPermalink





(2) the person is the manufacturer of the fire control or fire rescue equipment.CommentsClose CommentsPermalink





(c) Preemption- This section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that notwithstanding subsection (b) this section shall not preempt any State law that provides additional protection from liability for a person who donates fire control or fire rescue equipment to a volunteer fire company.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) PERSON- The term `person' includes any governmental or other entity.CommentsClose CommentsPermalink





(2) FIRE CONTROL OR RESCUE EQUIPMENT- The term `fire control or fire rescue equipment' includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.CommentsClose CommentsPermalink





(3) STATE- The term `State' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any political subdivision of any such State, territory, or possession.CommentsClose CommentsPermalink





(4) VOLUNTEER FIRE COMPANY- The term `volunteer fire company' means an association of individuals who provide fire protection and other emergency services, where not less than 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual.CommentsClose CommentsPermalink





(e) Effective Date- This section applies only to liability for injury, damage, loss, or death caused by equipment that is donated on or after the date that is 30 days after the date of enactment of this Act.CommentsClose CommentsPermalink

Subtitle B--Transportation Security

SEC. 121. REPORT ON NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Transportation shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to completion of a national strategy for transportation security.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of Transportation that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Transportation is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 122. REPORT ON AIRLINE PASSENGER PRESCREENING.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Transportation shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to improving airline passenger prescreening.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of Transportation that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Transportation is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 123. REPORT ON DETECTION OF EXPLOSIVES AT AIRLINE SCREENING CHECKPOINTS.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Transportation shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the improvement of airline screening checkpoints to detect explosives.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of Transportation that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Transportation is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 124. REPORT ON COMPREHENSIVE SCREENING PROGRAM.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Transportation shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to implementation of a comprehensive screening program.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of Transportation that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Transportation is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 125. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

In this subtitle, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security of the House of Representatives;CommentsClose CommentsPermalink





(2) the Committee on Oversight and Government Reform of the House of Representatives;CommentsClose CommentsPermalink





(3) the Committee on Transportation and Infrastructure of the House of Representatives;CommentsClose CommentsPermalink





(4) the Committee on Homeland Security and Government Affairs of the Senate; andCommentsClose CommentsPermalink





(5) the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink

Subtitle C--Border Security

SEC. 131. COUNTERTERRORIST TRAVEL INTELLIGENCE.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Director of the National Counterterrorism Center shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to improving collection and analysis of intelligence on terrorist travel.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Director of the National Counterterrorism Center is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when such recommendations are expected to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress considered necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty of the Director of the National Counterterrorism Center to submit a report under subsection (a) shall terminate when the Director submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Director of the National Counterterrorism submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Relevant Congressional Committees- For purposes of this section, the term `relevant congressional committees' means the following:CommentsClose CommentsPermalink





(1) The Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





(2) The Committee on Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(3) The Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink





(4) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





(5) The Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink





(6) The Select Committee on Intelligence of the Senate.CommentsClose CommentsPermalink





(7) The Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink

SEC. 132. COMPREHENSIVE SCREENING SYSTEM.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Homeland Security and the Secretary of Transportation shall each submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the establishment of the comprehensive screening system described in Presidential Homeland Security Directive 11 (dated August 27, 2004).CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Homeland Security or the Secretary of Transportation, as the case may be, is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when such recommendations are expected to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress considered necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty of the Secretary of Homeland Security to submit a report under subsection (a) shall terminate when the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A). The duty of the Secretary of Transportation to submit a report under subsection (a) shall terminate when the Secretary of Transportation submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- Not later than 30 days after the later of the date of submission of a certification under subsection (a)(2)(A) by the Secretary of Homeland Security and the submission of such a certification by the Secretary of Transportation, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Relevant Congressional Committees- For purposes of this section, the term `relevant congressional committees' means the following:CommentsClose CommentsPermalink





(1) The Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





(2) The Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(3) The Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink





(4) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





(5) The Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink

SEC. 133. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Homeland Security shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the completion of a biometric entry and exit data system.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Homeland Security is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when such recommendations are expected to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Relevant Congressional Committees- For purposes of this section, the term `relevant congressional committees' means the following:CommentsClose CommentsPermalink





(1) The Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





(2) The Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(3) The Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(4) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





(5) The Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink

SEC. 134. INTERNATIONAL COLLABORATION ON BORDER AND DOCUMENT SECURITY.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Homeland Security and the Secretary of State shall each submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to international collaboration on border and document security.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Homeland Security or the Secretary of State, as the case may be, is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when such recommendations are expected to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress considered necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty of the Secretary of Homeland Security to submit a report under subsection (a) shall terminate when the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A). The duty of the Secretary of State to submit a report under subsection (a) shall terminate when the Secretary of State submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- Not later than 30 days after the later of the date of submission of a certification under subsection (a)(2)(A) by the Secretary of Homeland Security and the submission of such a certification by the Secretary of State, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Watch List- The Comptroller General shall submit to the relevant congressional committees a report assessing the sharing of the consolidated and integrated terrorist watch list maintained by the Federal Government with countries designated to participate in the visa waiver program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187).CommentsClose CommentsPermalink





(e) Fingerprinting in Domestic and Foreign Passports-CommentsClose CommentsPermalink





(1) USE IN UNITED STATES PASSPORTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 215(b) of the Immigration and Nationality Act (8 U.S.C. 1185(b)) is amended by inserting after `passport' the following: `that contains the fingerprints of the citizen involved'.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall apply to passports issued on or after the date that is 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) USE IN FOREIGN PASSPORTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 212(a)(7) of such Act (8 U.S.C. 1182(a)(7)) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(C) REQUIREMENT FOR FINGERPRINTS ON PASSPORTS- No passport of an alien shall be considered valid for purposes of subparagraph (A) or (B) unless the passport contains the fingerprints of the alien.'.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall apply to aliens applying for admission to the United States on or after the date that is 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink





(f) Relevant Congressional Committees- For purposes of this section, the term `relevant congressional committees' means the following:CommentsClose CommentsPermalink





(1) The Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





(2) The Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(3) The Committee on the Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink





(4) The Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(5) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





(6) The Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink





(7) The Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink

SEC. 135. STANDARDIZATION OF SECURE IDENTIFICATION.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Homeland Security and the Secretary of Health and Human Services shall each submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the establishment of standardization of secure identification.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of Homeland Security or the Secretary of Health and Human Services, as the case may be, is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when such recommendations are expected to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate--CommentsClose CommentsPermalink





(1) for the Secretary of Homeland Security, when the Secretary of Homeland Security submits a certification pursuant to subsection (a)(2)(A); andCommentsClose CommentsPermalink





(2) for the Secretary of Health and Human Services, when the Secretary of Health and Human Services submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- Not later than 30 days after the later of the date of submission of a certification under subsection (a)(2)(A) by the Secretary of Homeland Security and the submission of such a certification by the Secretary of Health and Human Services, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Relevant Congressional Committees- For purposes of this section, the term `relevant congressional committees' means the following:CommentsClose CommentsPermalink





(1) The Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





(2) The Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(3) The Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(4) The Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink





(5) The Committee on Finance of the Senate.CommentsClose CommentsPermalink





(6) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 136. SECURITY ENHANCEMENTS FOR SOCIAL SECURITY CARDS.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Commissioner of Social Security shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to security enhancements for social security cards and the implementation of section 205(c)(2)(C)(iv)(II) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(iv)(II)) (as added by section 7214 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)).CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Commissioner of Social Security is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when such recommendations are expected to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Commissioner considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Commissioner of Social Security submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Commissioner of Social Security submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Relevant Congressional Committees- For purposes of this section, the term `relevant congressional committees' means the following:CommentsClose CommentsPermalink





(1) The Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





(2) The Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(3) The Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





(4) The Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink





(5) The Committee on Finance of the Senate.CommentsClose CommentsPermalink





(6) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

TITLE II--REFORMING THE INSTITUTIONS OF GOVERNMENT

Subtitle A--Intelligence Community

SEC. 201. REPORT ON DIRECTOR OF NATIONAL INTELLIGENCE.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Director of National Intelligence shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the Director of National Intelligence.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Director of National Intelligence that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Director of National Intelligence is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Director of National Intelligence expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Director of National Intelligence submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Director of National Intelligence submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) GAO Report on DNI Exercise of Authority-CommentsClose CommentsPermalink





(1) ANNUAL REPORT- Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Comptroller General shall submit to the relevant congressional committees a report on whether--CommentsClose CommentsPermalink





(A) the Director of National Intelligence has been able to properly exercise the authority of the Office of the Director of National Intelligence, including budget and personnel authority; andCommentsClose CommentsPermalink





(B) information sharing among the intelligence community is a high priority.CommentsClose CommentsPermalink





(2) TERMINATION- The duty to submit a report under paragraph (1) shall terminate when the Comptroller General certifies to the relevant congressional committees that the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the Director of National Intelligence have been achieved.CommentsClose CommentsPermalink

SEC. 202. REPORT ON NATIONAL COUNTERTERRORISM CENTER.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Director of National Intelligence shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the establishment of a National Counterterrorism Center.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Director of National Intelligence that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Director of National Intelligence is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Director of National Intelligence expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Director of National Intelligence submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Director of National Intelligence submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 203. REPORT ON CREATION OF A FEDERAL BUREAU OF INVESTIGATION NATIONAL SECURITY WORKFORCE.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Director of the Federal Bureau of Investigation shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the creation of a Federal Bureau of Investigation national security workforce.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Director of the Federal Bureau of Investigation that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Director of the Federal Bureau of Investigation is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Director of the Federal Bureau of Investigation expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director of the Federal Bureau of Investigation considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Director of the Federal Bureau of Investigation submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Director of the Federal Bureau of Investigation submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) GAO Report on Creation of FBI National Security Workforce-CommentsClose CommentsPermalink





(1) ANNUAL REPORT- Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Comptroller General shall submit to the relevant congressional committees a report on whether--CommentsClose CommentsPermalink





(A) there is a sense of urgency within the Federal Bureau of Investigation to create a national security workforce to carry out the domestic counterterrorism mission of the Federal Bureau of Investigation;CommentsClose CommentsPermalink





(B) the Federal Bureau of Investigation is on track to create such a workforce; andCommentsClose CommentsPermalink





(C) the culture of the Federal Bureau of Investigation allows the Federal Bureau of Investigation to meet its new challenges and succeed in its counterterrorism role.CommentsClose CommentsPermalink





(2) TERMINATION- The duty to submit a report under paragraph (1) shall terminate when the Comptroller General certifies to the relevant congressional committees that the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the creation of a Federal Bureau of Investigation national security workforce have been achieved.CommentsClose CommentsPermalink

SEC. 204. REPORT ON NEW MISSIONS FOR THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Director of National Intelligence shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the new mission of the Director of the Central Intelligence Agency.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Director of National Intelligence that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Director of National Intelligence is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Director of National Intelligence expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Director of National Intelligence submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Director of National Intelligence submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) GAO Report on Director of the Central Intelligence Agency-CommentsClose CommentsPermalink





(1) ANNUAL REPORT- Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Comptroller General shall submit to the relevant congressional committees a report on whether the Director of the Central Intelligence Agency has strong, determined leadership committed to accelerating the pace of the reforms underway.CommentsClose CommentsPermalink





(2) TERMINATION- The duty to submit a report under paragraph (1) shall terminate when the Comptroller General certifies to the relevant congressional committees that the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the Director of the Central Intelligence Agency have been achieved.CommentsClose CommentsPermalink





(e) Sense of Congress- It is the sense of Congress that Congress and the leadership of the Central Intelligence Agency should--CommentsClose CommentsPermalink





(1) regularly evaluate the effectiveness of the national clandestine service structure to determine if it improves coordination of human intelligence collection operations and produces better intelligence results; andCommentsClose CommentsPermalink





(2) address morale and personnel issues at the Central Intelligence Agency to ensure the Central Intelligence Agency remains an effective arm of national power.CommentsClose CommentsPermalink

SEC. 205. REPORT ON INCENTIVES FOR INFORMATION SHARING.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Director of the Office of Management and Budget, in consultation with the Director of National Intelligence, shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the creation of incentives for information sharing across the Federal Government and with State and local authorities.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Director of the Office of Management and Budget that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Director of the Office of Management and Budget is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Director of National Intelligence expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Director of the Office of Management and Budget submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Director of the Office of Management and Budget submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 206. REPORT ON PRESIDENTIAL LEADERSHIP OF NATIONAL SECURITY INSTITUTIONS IN THE INFORMATION REVOLUTION.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Director of the Office of Management and Budget, in consultation with the Director of National Intelligence, shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the leadership of the President of national security institutions into the information revolution.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Director of the Office of Management and Budget that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Director of the Office of Management and Budget is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Director of the Office of Management and Budget expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Director of the Office of Management and Budget submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Director of the Office of Management and Budget submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) GAO Report on Information Systems-CommentsClose CommentsPermalink





(1) ANNUAL REPORT- Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Comptroller General shall submit to the relevant congressional committees a report on whether the intelligence community has the resources and Presidential support to change information systems to enable information sharing, policies and procedures that compel sharing, and systems of performance evaluation to inform personnel on how well they carry out information sharing.CommentsClose CommentsPermalink





(2) TERMINATION- The duty to submit a report under paragraph (1) shall terminate when the Comptroller General certifies to the relevant congressional committees that the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the leadership of the President of national security institutions into the information revolution have been achieved.CommentsClose CommentsPermalink

SEC. 207. HOMELAND AIRSPACE DEFENSE.

(a) Certification- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Homeland Security and the Secretary of Defense shall each submit to the specified congressional committees a certification as to whether the Federal Government has implemented the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) and the recommendations of the National Commission on Terrorist Attacks Upon the United States regarding homeland and airspace defense. Each Secretary shall include with such certification recommendations if further congressional action is necessary. If a Secretary is unable to certify the goal in the first sentence, the Secretary shall report to the specified committees what steps have been taken towards implementation, when implementation can reasonably be expected to be completed, and whether additional resources or actions from the Congress are required for implementation.CommentsClose CommentsPermalink





(b) Comptroller General Report- Within 30 days of the submission of both certifications under subsection (a), the Comptroller General of the United States shall submit to the specified congressional committees a report verifying that the policy referred to in that subsection has in fact been implemented and recommendations of any additional congressional action necessary to implement the goals referred to in that subsection.CommentsClose CommentsPermalink





(c) Specified Congressional Committees- For purposes of this section, the term `specified congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Transportation and Infrastructure of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee of Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink

SEC. 208. SEMIANNUAL REPORT ON PLANS AND STRATEGIES OF UNITED STATES NORTHERN COMMAND FOR DEFENSE OF THE UNITED STATES HOMELAND.

(a) Findings- Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:CommentsClose CommentsPermalink





(1) The primary responsibility for national defense is with the Department of Defense and the secondary responsibility for national defense is with the Department of Homeland Security, and the two departments must have clear delineations of responsibility.CommentsClose CommentsPermalink





(2) Before September 11, 2001, the North American Aerospace Defense Command, which had responsibility for defending United States airspace on September 11, 2001--CommentsClose CommentsPermalink





(A) focused on threats coming from outside the borders of the United States; andCommentsClose CommentsPermalink





(B) had not increased its focus on terrorism within the United States, even though the intelligence community had gathered intelligence on the possibility that terrorists might turn to hijacking and even the use of airplanes as missiles within the United States.CommentsClose CommentsPermalink





(3) The United States Northern Command has been established to assume responsibility for defense within the United States.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the Secretary of Defense should regularly assess the adequacy of the plans and strategies of the United States Northern Command with a view to ensuring that the United States Northern Command is prepared to respond effectively to all military and paramilitary threats within the United States; andCommentsClose CommentsPermalink





(2) the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives should periodically review and assess the adequacy of those plans and strategies.CommentsClose CommentsPermalink





(c) Semiannual Report- Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing the plans and strategies of the United States Northern Command to defend the United States against military and paramilitary threats within the United States.CommentsClose CommentsPermalink

SEC. 209. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

In this subtitle, the term `relevant congressional committees' means the Committee on Homeland Security, the Committee on Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Government Affairs and the Select Committee on Intelligence of the Senate.CommentsClose CommentsPermalink

Subtitle B--Civil Liberties and Executive Power

SEC. 211. REPORT ON THE BALANCE BETWEEN SECURITY AND CIVIL LIBERTIES.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Attorney General shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to the balance between security and civil liberties.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Attorney General that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Attorney General is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Attorney General expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Attorney General considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Attorney General submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Attorney General submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 212. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

(a) Short Title- This section may be cited as the `9/11 Commission Civil Liberties Board Act'.CommentsClose CommentsPermalink





(b) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) On July 22, 2004, the National Commission on Terrorist Attacks Upon the United States issued a report that included 41 specific recommendations to help prevent future terrorist attacks, including details of a global strategy and government reorganization necessary to implement that strategy.CommentsClose CommentsPermalink





(2) One of the recommendations focused on the protections of civil liberties. Specifically the following recommendation was made: `At this time of increased and consolidated government authority, there should be a board within the executive branch to oversee adherence to the guidelines we recommend and the commitment the government makes to defend our civil liberties.'.CommentsClose CommentsPermalink





(3) The report also states that `the choice between security and liberty is a false choice, as nothing is more likely to endanger America's liberties than the success of a terrorist attack at home. Our History has shown that the insecurity threatens liberty at home. Yet if our liberties are curtailed, we lose the values that we are struggling to defend.'.CommentsClose CommentsPermalink





(4) On December 17, 2004, Public Law 108-458, the National Intelligence Reform Act, was signed into law. This law created a civil liberties board that does not have the authority necessary to protect civil liberties.CommentsClose CommentsPermalink





(5) The establishment and adequate funding of a Privacy and Civil Liberties Oversight Board was a crucial recommendation made by the 9/11 Commission.CommentsClose CommentsPermalink





(6) In its Final Report on 9/11 Commission Recommendations, the Commission noted `very little urgency' and `insufficient' funding as it relates to the establishment of the Privacy and Civil Liberties Oversight Board.CommentsClose CommentsPermalink





(7) While the President's budget submission for fiscal year 2006 included $750,000 for the Privacy and Civil Liberties Oversight Board, the President's budget submission for fiscal year 2007 does not contain a funding line for the Board.CommentsClose CommentsPermalink





(c) Making the Privacy and Civil Liberties Oversight Board Independent- Section 1061(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note) is amended by striking `within the Executive Office of the President' and inserting `as an independent agency within the Executive branch'.CommentsClose CommentsPermalink





(d) Requiring All Members of the Privacy and Civil Liberties Oversight Board Be Confirmed by the Senate- Subsection (e) of section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note) is amended to read as follows:CommentsClose CommentsPermalink





`(e) Membership-CommentsClose CommentsPermalink





`(1) MEMBERS- The Board shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





`(2) QUALIFICATIONS- Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in civil liberties and privacy, and relevant experience, and without regard to political affiliation, but in no event shall more than 3 members of the Board be members of the same political party. The President shall, before appointing an individual who is not a member of the same political party as the President consult with the leadership of that party, if any, in the Senate and House of Representatives.CommentsClose CommentsPermalink





`(3) INCOMPATIBLE OFFICE- An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board.CommentsClose CommentsPermalink





`(4) TERM- Each member of the Board shall serve a term of 6 years, except that--CommentsClose CommentsPermalink





`(A) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term;CommentsClose CommentsPermalink





`(B) upon the expiration of the term of office of a member, the member shall continue to serve until the member's successor has been appointed and qualified, except that no member may serve under this subparagraph--CommentsClose CommentsPermalink





`(i) for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; orCommentsClose CommentsPermalink





`(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted; andCommentsClose CommentsPermalink





`(C) the members initially appointed under this subsection shall serve terms of 2, 3, 4, 5, and 6 years, respectively, from the effective date of this Act, with the term of each such member to be designated by the President.CommentsClose CommentsPermalink





`(5) QUORUM AND MEETINGS- The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum.'.CommentsClose CommentsPermalink





(e) Subpoena Power for the Privacy and Civil Liberties Oversight Board- Section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note) is amended--CommentsClose CommentsPermalink





(1) so that subparagraph (D) of paragraph (1) reads as follows:CommentsClose CommentsPermalink





`(D) require, by subpoena issued at the direction of a majority of the members of the Board, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence.'; andCommentsClose CommentsPermalink





(2) so that paragraph (2) reads as follows:CommentsClose CommentsPermalink





`(2) ENFORCEMENT OF SUBPOENA- In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena.'.CommentsClose CommentsPermalink





(f) Reporting Requirements-CommentsClose CommentsPermalink





(1) DUTIES OF BOARD- Paragraph (4) of section 1061(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note) is amended to read as follows:CommentsClose CommentsPermalink





`(4) REPORTS-CommentsClose CommentsPermalink





`(A) RECEIPT, REVIEW, AND SUBMISSION-CommentsClose CommentsPermalink





`(i) IN GENERAL- The Board shall--CommentsClose CommentsPermalink





`(I) receive and review reports from privacy officers and civil liberties officers described in section 212; andCommentsClose CommentsPermalink





`(II) periodically submit, not less than semiannually, reports to the appropriate committees of Congress, including the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, and to the President.CommentsClose CommentsPermalink





Such reports shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.CommentsClose CommentsPermalink





`(ii) CONTENTS- Not less than 2 reports the Board submits each year under clause (i)(II) shall include--CommentsClose CommentsPermalink





`(I) a description of the major activities of the Board during the preceding period;CommentsClose CommentsPermalink





`(II) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c);CommentsClose CommentsPermalink





`(III) the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (c); andCommentsClose CommentsPermalink





`(IV) each proposal reviewed by the Board under subsection (c)(1) that the Board advised against implementing, but that notwithstanding such advice, was implemented.CommentsClose CommentsPermalink





`(B) INFORMING THE PUBLIC- The Board shall--CommentsClose CommentsPermalink





`(i) make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; andCommentsClose CommentsPermalink





`(ii) hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law.'.CommentsClose CommentsPermalink





(2) PRIVACY AND CIVIL LIBERTIES OFFICERS- Section 1062 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3688) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

`(a) Designation and Functions- The Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the National Intelligence Director, the Director of the Central Intelligence Agency, any other entity within the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board to be appropriate for coverage under this section shall designate not less than 1 senior officer to--CommentsClose CommentsPermalink





`(1) assist the head of such department, agency, or element and other officials of such department, agency, or element in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism;CommentsClose CommentsPermalink





`(2) periodically investigate and review department, agency, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering privacy and civil liberties in its actions;CommentsClose CommentsPermalink





`(3) ensure that such department, agency, or element has adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil liberties; andCommentsClose CommentsPermalink





`(4) in providing advice on proposals to retain or enhance a particular governmental power the officer shall consider whether such department, agency, or element has established--CommentsClose CommentsPermalink





`(A) that the power actually enhances security and the need for the power is balanced with the need to protect privacy and civil liberties;CommentsClose CommentsPermalink





`(B) that there is adequate supervision of the use by such department, agency, or element of the power to ensure protection of privacy and civil liberties; andCommentsClose CommentsPermalink





`(C) that there are adequate guidelines and oversight to properly confine its use.CommentsClose CommentsPermalink





`(b) Exception to Designation Authority-CommentsClose CommentsPermalink





`(1) PRIVACY OFFICERS- In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created privacy officer, such officer shall perform the functions specified in subsection (a) with respect to privacy.CommentsClose CommentsPermalink





`(2) CIVIL LIBERTIES OFFICERS- In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created civil liberties officer, such officer shall perform the functions specified in subsection (a) with respect to civil liberties.CommentsClose CommentsPermalink





`(c) Supervision and Coordination- Each privacy officer or civil liberties officer described in subsection (a) or (b) shall--CommentsClose CommentsPermalink





`(1) report directly to the head of the department, agency, or element concerned; andCommentsClose CommentsPermalink





`(2) coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort.CommentsClose CommentsPermalink





`(d) Agency Cooperation- The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer--CommentsClose CommentsPermalink





`(1) has the information, material, and resources necessary to fulfill the functions of such officer;CommentsClose CommentsPermalink





`(2) is advised of proposed policy changes;CommentsClose CommentsPermalink





`(3) is consulted by decisionmakers; andCommentsClose CommentsPermalink





`(4) is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer.CommentsClose CommentsPermalink





`(e) Reprisal for Making Complaint- No action constituting a reprisal, or threat of reprisal, for making a complaint or for disclosing information to a privacy officer or civil liberties officer described in subsection (a) or (b), or to the Privacy and Civil Liberties Oversight Board, that indicates a possible violation of privacy protections or civil liberties in the administration of the programs and operations of the Federal Government relating to efforts to protect the Nation from terrorism shall be taken by any Federal employee in a position to take such action, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.CommentsClose CommentsPermalink





`(f) Periodic Reports-CommentsClose CommentsPermalink





`(1) IN GENERAL- The privacy officers and civil liberties officers of each department, agency, or element referred to or described in subsection (a) or (b) shall periodically, but not less than quarterly, submit a report on the activities of such officers--CommentsClose CommentsPermalink





`(A)(i) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives;CommentsClose CommentsPermalink





`(ii) to the head of such department, agency, or element; andCommentsClose CommentsPermalink





`(iii) to the Privacy and Civil Liberties Oversight Board; andCommentsClose CommentsPermalink





`(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.CommentsClose CommentsPermalink





`(2) CONTENTS- Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including--CommentsClose CommentsPermalink





`(A) information on the number and types of reviews undertaken;CommentsClose CommentsPermalink





`(B) the type of advice provided and the response given to such advice;CommentsClose CommentsPermalink





`(C) the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; andCommentsClose CommentsPermalink





`(D) a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer.CommentsClose CommentsPermalink





`(g) Informing the Public- Each privacy officer and civil liberties officer shall--CommentsClose CommentsPermalink





`(1) make the reports of such officer, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; andCommentsClose CommentsPermalink





`(2) otherwise inform the public of the activities of such officer, as appropriate and in a manner consistent with the protection of classified information and applicable law.CommentsClose CommentsPermalink





`(h) Savings Clause- Nothing in this section shall be construed to limit or otherwise supplant any other authorities or responsibilities provided by law to privacy officers or civil liberties officers.CommentsClose CommentsPermalink





`(i) Protections for Human Research Subjects- The Secretary of Homeland Security shall ensure that the Department of Homeland Security complies with the protections for human research subjects, as described in part 46 of title 45, Code of Federal Regulations, or in equivalent regulations as promulgated by such Secretary, with respect to research that is conducted or supported by such Department.'.CommentsClose CommentsPermalink





(g) Inclusion in President's Budget Submission to Congress- Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(36) a separate statement of the amount of appropriations requested for the Privacy and Civil Liberties Oversight Board.'.CommentsClose CommentsPermalink





(h) Report; Certification-CommentsClose CommentsPermalink





(1) REPORT-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Attorney General shall submit to the relevant congressional committees a report on the extent to which the Administration has achieved and implemented the policy goals of Public Law 108-458 and the recommendations of the 9/11 Commission regarding the implementation of the Privacy and Civil Liberties Oversight Board.CommentsClose CommentsPermalink





(B) CONTENTS- Each report submitted under subparagraph (A) shall include--CommentsClose CommentsPermalink





(i) a certification by the Attorney General that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(ii) if the Attorney General is unable to make the certification described in clause (i), a description of--CommentsClose CommentsPermalink





(I) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(II) when the Attorney General expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(III) any allocation of resources or other actions by Congress the Attorney General considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(2) TERMINATION OF DUTY TO REPORT- The duty to submit a report under paragraph (1) shall terminate when the Attorney General submits a certification pursuant to paragraph (1)(B)(i).CommentsClose CommentsPermalink





(3) GAO REVIEW OF CERTIFICATION- If the Attorney General submits a certification pursuant to paragraph (1)(B)(i), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in paragraph (1) have been implemented and whether the policy goals described in paragraph (1) have been achieved.CommentsClose CommentsPermalink

SEC. 213. SET PRIVACY GUIDELINES FOR GOVERNMENT SHARING OF PERSONAL INFORMATION.

(a) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Attorney General shall submit to the relevant congressional committees a report on the extent to which the Administration has achieved and implemented the policy goals of Public Law 108-458 and the recommendations of the 9/11 Commission regarding the privacy guidelines for government sharing of personal information.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Attorney General that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Attorney General is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Attorney General expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Attorney General considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Attorney General submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Attorney General submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

SEC. 214. DEFINITION OF RELEVANT CONGRESSIONAL COMMITTEES FOR SUBTITLE.

As used in this subtitle, the term `relevant committees' means the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink

Subtitle C--Homeland Security Committees

CHAPTER 1--HOMELAND SECURITY OVERSIGHT REFORM IN THE SENATE

Subchapter A--Intelligence Oversight Reform

SEC. 221. INTELLIGENCE OVERSIGHT.

(a) Committee on Armed Services Membership- Section 2(a)(3) of Senate Resolution 400, agreed to May 19, 1976 (94th Congress) (referred to in this section as `S. Res. 400') is amended by--CommentsClose CommentsPermalink





(1) inserting `(A)' after `(3)'; andCommentsClose CommentsPermalink





(2) inserting at the end the following:CommentsClose CommentsPermalink





`(B) The Chairman and Ranking Member of the Committee on Armed Services (if not already a member of the select Committee) shall be ex officio members of the select Committee but shall have no vote in the Committee and shall not be counted for purposes of determining a quorum.'.CommentsClose CommentsPermalink





(b) Number of Members- Section 2(a) of S. Res. 400 is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting `not to exceed' before `fifteen members';CommentsClose CommentsPermalink





(2) in paragraph (1)(E), by inserting `not to exceed' before `seven'; andCommentsClose CommentsPermalink





(3) in paragraph (2), by striking the second sentence and inserting `Of any members appointed under paragraph (1)(E), the majority leader shall appoint the majority members and the minority leader shall appoint the minority members, with the majority having a one vote margin.'.CommentsClose CommentsPermalink





(c) Elimination of Term Limits- Section 2 of Senate Resolution 400, 94th Congress, agreed to May 19, 1976, is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b).CommentsClose CommentsPermalink





(d) Appointment of Chairman and Vice Chairman- Section 2(b) of S. Res. 400, as redesignated by subsection (c) of this section, is amended by striking the first sentence and inserting the following: `At the beginning of each Congress, the Majority Leader of the Senate shall select a chairman of the select Committee and the Minority Leader shall select a vice chairman for the select Committee.'.CommentsClose CommentsPermalink





(e) Subcommittees- Section 2 of S. Res. 400, as amended by subsections (a) through (d), is amended by adding at the end the following:CommentsClose CommentsPermalink





`(c) The select Committee may be organized into subcommittees. Each subcommittee shall have a chairman and a vice chairman who are selected by the Chairman and Vice Chairman of the select Committee, respectively.'.CommentsClose CommentsPermalink





(f) Reports- Section 4(a) of S. Res. 400 is amended by inserting `, but not less than quarterly,' after `periodic'.CommentsClose CommentsPermalink





(g) Staff- Section 15 of S. Res. 400 is amended to read as follows:CommentsClose CommentsPermalink





`Sec. 15. (a) The select Committee shall hire or appoint one employee for each member of the select Committee to serve as such Member's designated representative on the select Committee. The select Committee shall only hire or appoint an employee chosen by the respective Member of the select Committee for whom the employee will serve as the designated representative on the select Committee.CommentsClose CommentsPermalink





`(b) The select Committee shall be afforded a supplement to its budget, to be determined by the Committee on Rules and Administration, to allow for the hire of each employee who fills the position of designated representative to the select Committee. The designated representative shall have office space and appropriate office equipment in the select Committee spaces, and shall have full access to select Committee staff, information, records, and databases.CommentsClose CommentsPermalink





`(c) The designated employee shall meet all the requirements of relevant statutes, Senate rules, and committee clearance requirements for employment by the select Committee.'.CommentsClose CommentsPermalink





(h) Nominees- S. Res. 400 is amended by adding at the end the following:CommentsClose CommentsPermalink





`Sec. 17. (a) The select Committee shall have jurisdiction for reviewing, holding hearings, and voting on civilian persons nominated by the President to fill a position within the intelligence community that requires the advice and consent of the Senate.CommentsClose CommentsPermalink





`(b) Other committees with jurisdiction over the nominees' executive branch department may hold hearings and interviews with that person.'.CommentsClose CommentsPermalink

Subchapter B--Committee Status

SEC. 231. COMMITTEE STATUS.

The Select Committee on Intelligence shall be treated as a committee listed under paragraph 2 of rule XXV of the Standing Rules of the Senate for purposes of the Standing Rules of the Senate.CommentsClose CommentsPermalink

Subchapter C--Intelligence-Related Subcommittees

SEC. 241. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.

(a) Establishment- There is established in the Select Committee on Intelligence of the Senate a Subcommittee on Oversight which shall be in addition to any other subcommittee established by the select Committee.CommentsClose CommentsPermalink





(b) Responsibility- The Subcommittee on Oversight shall be responsible for ongoing oversight of intelligence activities.CommentsClose CommentsPermalink

SEC. 242. SUBCOMMITTEE RELATED TO INTELLIGENCE APPROPRIATIONS.

(a) Establishment- There is established in the Committee on Appropriations of the Senate a Subcommittee on Intelligence. The Subcommittee on Military Construction shall be combined with the Subcommittee on Defense into 1 subcommittee.CommentsClose CommentsPermalink





(b) Jurisdiction- The Subcommittee on Intelligence of the Committee on Appropriations shall have jurisdiction over funding for intelligence matters.CommentsClose CommentsPermalink

CHAPTER 2--EFFECTIVE DATE

SEC. 261. EFFECTIVE DATE.

This subtitle shall take effect on the convening of the 111th Congress.CommentsClose CommentsPermalink

Subtitle D--Declassification of Overall Intelligence Budget

SEC. 271. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING INFORMATION.

(a) Amounts Requested Each Fiscal Year- The President shall disclose to the public for each fiscal year after fiscal year 2005--CommentsClose CommentsPermalink





(1) the aggregate amount of appropriations requested in the budget of the President for the fiscal year concerned for the intelligence and intelligence-related activities of the United States Government; andCommentsClose CommentsPermalink





(2) the aggregate amount of appropriations requested in the budget of the President for the fiscal year concerned for each element or component of the intelligence community.CommentsClose CommentsPermalink





(b) Amounts Appropriated Each Fiscal Year- Congress shall disclose to the public for each fiscal year after fiscal year 2005--CommentsClose CommentsPermalink





(1) the aggregate amount of funds appropriated by Congress for the fiscal year concerned for the intelligence and intelligence-related activities of the United States Government; andCommentsClose CommentsPermalink





(2) the aggregate amount of funds appropriated by Congress for the fiscal year concerned for each element or component of the intelligence community.CommentsClose CommentsPermalink

Subtitle E--Standardize Security Clearances

SEC. 282. STANDARDIZATION OF SECURITY CLEARANCES.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Director of the Office of Personnel Management, in consultation with the Director of National Intelligence, the Secretary of Defense, and the Secretary of Homeland Security, shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) with respect to security clearances, including with respect to uniform policies and procedures for the completion of security clearances and reciprocal recognition of such security clearances among agencies of the United States Government.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Director of the Office of Personnel Management that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Director of the Office of Personnel Management is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Director of the Office of Personnel Management expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Director considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Director of the Office of Personnel Management submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Director of the Office of Personnel Management submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink

TITLE III--FOREIGN POLICY, PUBLIC DIPLOMACY, AND NONPROLIFERATION

Subtitle A--Foreign Policy

SEC. 301. ACTIONS TO ENSURE A LONG-TERM COMMITMENT TO AFGHANISTAN.

(a) Sense of Congress- It is the sense of Congress that the Government of the United States--CommentsClose CommentsPermalink





(1) should give priority to providing assistance to Afghanistan to establish a substantial economic infrastructure and a sound economy; andCommentsClose CommentsPermalink





(2) should continue to provide economic and development assistance to Afghanistan, including assistance to the Afghan National Army and the police forces and border police of Afghanistan.CommentsClose CommentsPermalink





(b) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the President shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of section 305 of of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7555) (as added by section 7104(e)(4)(A) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458)) for ensuring a long-term commitment to Afghanistan.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the President that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the President is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the President expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the President considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(c) Termination of Duty To Report- The duty to submit a report under subsection (b) shall terminate when the President submits a certification pursuant to subsection (b)(2)(A).CommentsClose CommentsPermalink





(d) GAO Review of Certification- If the President submits a certification pursuant to subsection (b)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (b) has been implemented and whether the policy goals described in subsection (b) have been achieved.CommentsClose CommentsPermalink





(e) Definition- In this section, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 302. ACTIONS TO SUPPORT PAKISTAN AGAINST EXTREMISTS.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the commitment of the President to provide $3 billion in assistance over the next 5 years to Pakistan should be commended;CommentsClose CommentsPermalink





(2) the Government of the United States should provide assistance to Pakistan to improve Pakistan's failing basic education system and to emphasize development; andCommentsClose CommentsPermalink





(3) the Government of the United States should strongly urge the Government of Pakistan to close Taliban-linked schools known as `madrassas', close terrorist training camps, and prevent Taliban forces from operating across the border between Pakistan and Afghanistan.CommentsClose CommentsPermalink





(b) Report- Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on efforts by the Government of Pakistan take the actions described in subsection (a)(3).CommentsClose CommentsPermalink

SEC. 303. ACTIONS TO SUPPORT REFORM IN SAUDI ARABIA.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the Government of the United States and the Government of Saudi Arabia should accelerate efforts to improve strategic dialogue between the two countries, increase exchange programs, and promote pragmatic reforms in Saudi Arabia; andCommentsClose CommentsPermalink





(2) the Government of Saudi Arabia should take additional steps to regulate charities and promote tolerance and moderation.CommentsClose CommentsPermalink





(b) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of State shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of section 7105 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) for improving dialogue between the people and Government of the United States and the people and Government of Saudi Arabia in order to improve the relationship between the two countries.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of State that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of State is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary of State expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary of State considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(c) Termination of Duty To Report- The duty to submit a report under subsection (b) shall terminate when the Secretary of State submits a certification pursuant to subsection (b)(2)(A).CommentsClose CommentsPermalink





(d) GAO Review of Certification- If the Secretary of State submits a certification pursuant to subsection (b)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (b) have been implemented and whether the policy goals described in subsection (b) have been achieved.CommentsClose CommentsPermalink





(e) Definition- In this section, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 304. ELIMINATION OF TERRORIST SANCTUARIES.

(a) National Counterterrorism Center Identification of Terrorist Sanctuaries- Subsection (d) of section 119 of National Security Act of 1947 (50 U.S.C. 404o) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(7) To identify each country whose territory is being used as a sanctuary for terrorists or terrorist organizations and each country whose territory may potentially be used as a sanctuary for terrorists or terrorist organizations and to develop a comprehensive strategy to eliminate terrorist sanctuaries.'.CommentsClose CommentsPermalink





(b) Report- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(k) Report on Terrorist Sanctuaries- Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Director of the National Counterterrorism Center shall submit to the Committee on International Relations, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on Government Reform of the House of Representatives and the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on terrorist sanctuaries, including a description of the--CommentsClose CommentsPermalink





`(1) countries whose territory is being used as a sanctuary for terrorists or terrorist organizations;CommentsClose CommentsPermalink





`(2) countries whose territory may potentially be used as a sanctuary for terrorists or terrorist organizations;CommentsClose CommentsPermalink





`(3) strategy to eliminate each such sanctuary; andCommentsClose CommentsPermalink





`(4) progress that has been made in accomplishing such strategy.'.CommentsClose CommentsPermalink

SEC. 305. COMPREHENSIVE COALITION STRATEGY AGAINST ISLAMIST TERRORISM.

(a) Sense of Congress- It is the sense of Congress that the United States--CommentsClose CommentsPermalink





(1) should continue to engage other countries in developing a comprehensive coalition strategy against Islamist terrorism; andCommentsClose CommentsPermalink





(2) should use a broader approach to target the roots of terrorism, including developing strategies with other countries to encourage reform efforts in Saudi Arabia and Pakistan, improving educational and economic opportunities in Muslim countries, identifying and eliminating terrorist sanctuaries, and making progress in the Arab-Israeli peace process.CommentsClose CommentsPermalink





(b) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of State shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of section 7117 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) for engaging other countries in developing a comprehensive coalition strategy for combating terrorism.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of State that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of State is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary of State expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary of State considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(c) Termination of Duty To Report- The duty to submit a report under subsection (b) shall terminate when the Secretary of State submits a certification pursuant to subsection (b)(2)(A).CommentsClose CommentsPermalink





(d) GAO Review of Certification- If the Secretary of State submits a certification pursuant to subsection (b)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (b) have been implemented and whether the policy goals described in subsection (b) have been achieved.CommentsClose CommentsPermalink





(e) Definition- In this section, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 306. STANDARDS FOR THE DETENTION AND HUMANE TREATMENT OF CAPTURED TERRORISTS.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of State, in consultation with the Attorney General, shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission for engaging United States allies to develop a common coalition approach toward the detention and humane treatment of captured terrorists and the policy goals of sections 1002, 1003, and 1005 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148).CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of State that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of State is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary of State expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary of State considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of State submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of State submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Definition- In this section, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 307. USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of State, in consultation with the United States Trade Representative, shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of section 7115 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) for developing economic policies to combat terrorism.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of State that such recommendations have been implemented and such policy goals have been achieved, including a description of the extent to which the policy goals of paragraphs (1) through (4) of section 7115(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of State is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary of State expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary of State considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of State submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of State submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Definition- In this section, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 308. ACTIONS TO ENSURE VIGOROUS EFFORTS AGAINST TERRORIST FINANCING.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) Financial institutions have too little information about money laundering and terrorist financing compliance in other markets.CommentsClose CommentsPermalink





(2) The current Financial Action Task Force designation system does not adequately represent the progress countries are making in combatting money laundering.CommentsClose CommentsPermalink





(3) Lack of information about the compliance of countries with anti-money laundering standards exposes United States financial markets to excessive risk.CommentsClose CommentsPermalink





(4) Failure to designate countries that fail to make progress in combatting terrorist financing and money laundering eliminates incentives for internal reform.CommentsClose CommentsPermalink





(5) The Secretary of the Treasury has an affirmative duty to provide to financial institutions and examiners the best possible information on compliance with anti-money laundering and terrorist financing initiatives in other markets.CommentsClose CommentsPermalink





(b) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than March 1 of each year, the Secretary of the Treasury shall submit to relevant congressional committees a report that identifies the applicable standards of each country against money laundering and states whether that country is a country of primary money laundering concern under section 5318A of title 31, United States Code.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) information on the effectiveness of each country in meeting its standards against money laundering;CommentsClose CommentsPermalink





(B) a determination of whether that the efforts of that country to combat money laundering and terrorist financing are adequate, improving, or inadequate; andCommentsClose CommentsPermalink





(C) the efforts made by the Secretary to provide to the government of each such country of concern technical assistance to cease the activities that were the basis for the determination that the country was of primary money laundering concern.CommentsClose CommentsPermalink





(c) Dissemination of Information in Report- The Secretary of the Treasury shall make available to the Federal Financial Institutions Examination Council for incorporation into the examination process, in consultation with Federal banking agencies, and to financial institutions the information contained in the report submitted under subsection (b). Such information shall be made available to financial institutions without cost.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) FINANCIAL INSTITUTION- The term `financial institution' has the meaning given that term in section 5312(a)(2) of title 31, United States Code.CommentsClose CommentsPermalink





(2) RELEVANT CONGRESSIONAL COMMITTEES- The term `relevant congressional committees' means--CommentsClose CommentsPermalink





(A) the Committee on Financial Services, the Committee on Oversight and Government Reform, and the Committee on the Judiciary of the House of Representatives; andCommentsClose CommentsPermalink





(B) the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink

Subtitle B--Public Diplomacy

SEC. 311. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE AND PUBLIC DIPLOMACY TRAINING OF MEMBERS OF THE FOREIGN SERVICE.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of State shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of sections 7109 and 7110 the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), and the amendments made by such sections, regarding the public diplomacy responsibilities of the Department of State and public diplomacy training of members of the Foreign Service.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of State that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of State is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary of State expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary of State considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of State submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of State submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Definition- In this section, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 312. INTERNATIONAL BROADCASTING.

(a) Report- Not later than 90 days after the date of enactment of this Act, the Broadcasting Board of Governors shall submit to the relevant congressional committees a report on--CommentsClose CommentsPermalink





(1) the activities of Radio Sawa and Radio Al-Hurra; andCommentsClose CommentsPermalink





(2) the extent to which the activities of Radio Sawa and Radio Al-Hurra have been successful, including an analysis of impact of the activities on the audience and audience demographics and whether or not funding is adequate to carry out the activities.CommentsClose CommentsPermalink





(b) Definition- In this section, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 313. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND LIBRARY PROGRAMS IN THE ISLAMIC WORLD.

(a) Report; Certification-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of State shall submit to the relevant congressional committees a report on the recommendations of the 9/11 Commission and the policy goals of sections 7112 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) for expanding United States scholarship, exchange, and library programs in the Islamic world.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a certification by the Secretary of State that such recommendations have been implemented and such policy goals have been achieved; orCommentsClose CommentsPermalink





(B) if the Secretary of State is unable to make the certification described in subparagraph (A), a description of--CommentsClose CommentsPermalink





(i) the steps taken to implement such recommendations and achieve such policy goals;CommentsClose CommentsPermalink





(ii) when the Secretary of State expects such recommendations to be implemented and such policy goals to be achieved; andCommentsClose CommentsPermalink





(iii) any allocation of resources or other actions by Congress the Secretary of State considers necessary to implement such recommendations and achieve such policy goals.CommentsClose CommentsPermalink





(b) Termination of Duty To Report- The duty to submit a report under subsection (a) shall terminate when the Secretary of State submits a certification pursuant to subsection (a)(2)(A).CommentsClose CommentsPermalink





(c) GAO Review of Certification- If the Secretary of State submits a certification pursuant to subsection (a)(2)(A), not later than 30 days after the submission of such certification, the Comptroller General shall submit to the relevant congressional committees a report on whether the recommendations described in subsection (a) have been implemented and whether the policy goals described in subsection (a) have been achieved.CommentsClose CommentsPermalink





(d) Definition- In this section, the term `relevant congressional committees' means--CommentsClose CommentsPermalink





(1) the Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





(2) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink

SEC. 314. INTERNATIONAL YOUTH OPPORTUNITY FUND.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the Middle East Partnership Initiative (MEPI) and the United States Agency for International Development should be commended for initiating programs in predominantly Muslim countries to support secular education improvements and the teaching of English, including programs that focus on the education of women;CommentsClose CommentsPermalink





(2) the secular education programs of MEPI and the United States Agency for International Development are a constructive start to answering the challenge of secular education in predominantly Muslim countries;CommentsClose CommentsPermalink





(3) the secular education programs of MEPI and the United States Agency for International Development should be components of an overall strategy for educational assistance--itself one component of an overall United States strategy for counterterrorism--targeted where the need and the benefit to the national security of the United States are greatest; andCommentsClose CommentsPermalink





(4) upon formation of a broader strategy for international educational assistance targeted toward the Middle East, a significant increase in funding for these initiatives should be provided.CommentsClose CommentsPermalink





(b) International Youth Opportunity Fund- There are authorized to be appropriated to the Secretary of State $50,000,000 for each of the fiscal years 2008 and 2009 to support the establishment of an International Youth Opportunity Fund pursuant to section 7114 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458).CommentsClose CommentsPermalink

Subtitle C--Nonproliferation

SEC. 321. SHORT TITLE.

This subtitle may be cited as the `Omnibus Nonproliferation and Anti-Nuclear Terrorism Act of 2007'.CommentsClose CommentsPermalink

SEC. 322. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) LOOSE NUCLEAR WEAPONS AND MATERIALS IN THE FORMER SOVIET UNION-CommentsClose CommentsPermalink





(A) There are in the world today enormous stockpiles of nuclear weapons and the materials required to make them. Counting materials both in assembled warheads and in other forms, worldwide totals are estimated to encompass some 1,900 tons of highly enriched uranium (enough for 143,000 nuclear weapons) and 1,855 tons of plutonium (enough for 330,000 nuclear weapons).CommentsClose CommentsPermalink





(B) The Russian Federation alone is estimated to have over 1,000 tons of highly enriched uranium (enough for over 80,000 nuclear weapons) and 140 tons of plutonium (enough for over 30,000 nuclear weapons).CommentsClose CommentsPermalink





(C) The United States has been working for over a decade to eliminate stockpiles of loose nuclear weapons and materials in the former Soviet Union, but the Department of Energy acknowledges that there is still a need to properly secure about 460 tons of weapons-usable Russian nuclear material (outside of warheads), enough for more than 35,000 nuclear weapons.CommentsClose CommentsPermalink





(D) A recent report by the Central Intelligence Agency faulted the security of nuclear arsenal facilities in the Russian Federation and assessed that `undetected smuggling has occurred'.CommentsClose CommentsPermalink





(E) There are at least 18 documented incidents of `proliferation significant' fissile material trafficking from facilities in the former Soviet Union between 1991 and 2001. In one incident in 1998, an inside conspiracy at a Russian nuclear weapons facility attempted to steal 18.5 kilograms of highly enriched uranium. In another incident, 2 kilograms of highly enriched uranium taken from a research facility in Sukhumi, Georgia, has never been recovered.CommentsClose CommentsPermalink





(F) In May 1994, German police found a small but worrisome quantity of supergrade plutonium in the garage of Adolf Jackle. Extremely expensive to produce, this rare item was likely stolen from one of Russia's two premier nuclear weapons laboratories.CommentsClose CommentsPermalink





(G) Comprehensive security upgrades are not yet completed at 90 percent of Russian nuclear warhead bunkers for Russia's Strategic Rocket Forces.CommentsClose CommentsPermalink





(H) Border security in the former Soviet Union is inconsistent at best. Existing infrastructure helps at the outer borders of the former Soviet Union but many borders internal to the former Soviet Union, such as the border between Kazakhstan and the Russian Federation, exist only on a map.CommentsClose CommentsPermalink





(2) LOOSE NUCLEAR MATERIALS AROUND THE GLOBE-CommentsClose CommentsPermalink





(A) Dangerous caches of weapons-usable nuclear materials, much of it poorly secured and vulnerable to theft, exist in a multitude of facilities around the world. For example, there are over 130 research reactors in over 40 countries that house highly enriched uranium, some with enough to manufacture an atomic bomb. In total, about 40 tons of highly enriched uranium, enough for over 1,000 nuclear weapons, is estimated to remain in civilian research reactors.CommentsClose CommentsPermalink





(B) Over the last 50 years, the United States is known to have exported about 27.5 tons of highly enriched uranium to 43 countries to help develop nuclear power production or bolster scientific initiatives. In 1996, the United States began an effort to recover the more than 17.5 tons of the nuclear material that was still overseas, but has recovered only about 1 ton, according to the Department of Energy and the Government Accountability Office.CommentsClose CommentsPermalink





(C) It is especially important to keep highly enriched uranium out of terrorists' hands because, with minimal expertise, they could use it to make the simplest, gun-type nuclear weapon, a device in which a high explosive is used to blow 1 subcritical piece of highly enriched uranium from 1 end of a tube into another subcritical piece held at the opposite end of the tube.CommentsClose CommentsPermalink





(D) To Osama bin Laden, acquiring weapons of mass destruction is a `religious duty'. Al Qaeda and more than 2 dozen other terrorist groups are pursuing capability to use weapons of mass destruction.CommentsClose CommentsPermalink





(E) Osama bin Laden's press spokesman, Sulaiman Abu Ghaith, has announced that the group aspires `to kill 4 million Americans, including 1 million children,' in response to casualties supposedly inflicted on Muslims by the United States and Israel.CommentsClose CommentsPermalink





(F) Al Qaeda documents recovered in Afghanistan reveal a determined research effort focused on nuclear weapons.CommentsClose CommentsPermalink





(3) SECURITY STANDARDS FOR ALL NUCLEAR WEAPONS AND MATERIALS-CommentsClose CommentsPermalink





(A) There are no international binding standards for the secure handling and storage of nuclear weapons and materials.CommentsClose CommentsPermalink





(B) Making a nuclear weapon requires only 4 to 5 kilograms of plutonium or 12 to 15 kilograms of highly enriched uranium.CommentsClose CommentsPermalink





(C) In October 2001, the United States Government became very concerned that Al Qaeda may have smuggled a 10-kiloton Russian nuclear warhead into New York City. If placed in lower Manhattan, such a device would probably kill 100,000 people instantly, seriously injure tens of thousands more, and render the entire area uninhabitable for decades to come.CommentsClose CommentsPermalink





(4) Russia's NUCLEAR EXPERTISE-CommentsClose CommentsPermalink





(A) Employment at the large nuclear facilities in the Russian Federation's 10 closed nuclear cities is estimated to be in the range of 120,000 to 130,000 people, of whom approximately 75,000 were employed on nuclear weapons-related work.CommentsClose CommentsPermalink





(B) Poor wages and living conditions in Russian `nuclear cities' have inspired protests and strikes among the employees working in them.CommentsClose CommentsPermalink





(C) Insiders have been caught attempting to smuggle nuclear materials out of these facilities, presumably to sell on the lucrative black market.CommentsClose CommentsPermalink

SEC. 323. ESTABLISHMENT OF OFFICE OF NONPROLIFERATION PROGRAMS IN THE EXECUTIVE OFFICE OF THE PRESIDENT.

(a) Establishment- There is established in the Executive Office of the President an Office of Nonproliferation Programs (in this section referred to as the `Office').CommentsClose CommentsPermalink





(b) Director; Associate Directors- There shall be at the head of the Office a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5, United States Code, The President is authorized to appoint not more than 4 Associate Directors, by and with the advice and consent of the Senate, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. Associate Directors shall perform such functions as the Director may prescribe.CommentsClose CommentsPermalink





(c) Primary Functions of Director-CommentsClose CommentsPermalink





(1) IN GENERAL- The primary function of the Director is to coordinate and lead--CommentsClose CommentsPermalink





(A) efforts by the United States to curb terrorist access to nuclear technology, materials, or expertise; andCommentsClose CommentsPermalink





(B) other United States nonproliferation activities, including nuclear nonproliferation activities and activities to counter other weapons of mass destruction.CommentsClose CommentsPermalink





(2) SPECIFIC FUNCTIONS- In addition to such other functions and activities as the President may assign, the Director shall--CommentsClose CommentsPermalink





(A) advise the President, and others within the Executive Office of the President, on the role and effect of such nonproliferation activities on national security and international relations;CommentsClose CommentsPermalink





(B) lead the development and implementation of a plan (including appropriate budgets, other resources, goals, and metrics for assessing progress) to ensure that all the highest-priority actions to prevent terrorists from getting and using nuclear weapons are taken in the shortest possible time, including but not limited to a fast-paced global effort to ensure that every nuclear warhead and every kilogram of weapons-usable nuclear material worldwide is secured and accounted for, to standards sufficient to defeat demonstrated terrorist and criminal threats, as rapidly as that objective can be accomplished;CommentsClose CommentsPermalink





(C) identify obstacles to accelerating and strengthening efforts to prevent terrorists from getting and using nuclear weapons, and raise approaches to overcoming these obstacles for action by the President or other appropriate officials;CommentsClose CommentsPermalink





(D) lead an effort, to be carried out jointly by the various Federal agencies responsible for carrying out such nonproliferation activities, to establish priorities among those activities and to develop and implement strategies and budgets that reflect those priorities;CommentsClose CommentsPermalink





(E) build strong partnerships with respect to such nonproliferation activities among Federal, State, and local governments, foreign governments, international organizations, and nongovernmental organizations; andCommentsClose CommentsPermalink





(F) evaluate the scale, quality, and effectiveness of the Federal effort with respect to such nonproliferation activities and advise on appropriate actions.CommentsClose CommentsPermalink

SEC. 324. REMOVAL OF RESTRICTIONS ON COOPERATIVE THREAT REDUCTION PROGRAMS.

(a) Repeal of Restrictions-CommentsClose CommentsPermalink





(1) RESTRICTIONS ON ASSISTANCE IN DESTROYING FORMER SOVIET WEAPONS- Section 211(b) of the Soviet Nuclear Threat Reduction Act of 1991 (22 U.S.C. 2551 note) is repealed.CommentsClose CommentsPermalink





(2) RESTRICTIONS ON AUTHORITY TO CARRY OUT CTR PROGRAMS- Section 1203(d) of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is repealed.CommentsClose CommentsPermalink





(3) LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION- Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 5952 note) is repealed.CommentsClose CommentsPermalink





(b) Exemption From Limitations- Cooperative Threat Reduction programs may be carried out notwithstanding any other provision of law, subject to congressional notification and reporting requirements that apply to the use of funds available for Cooperative Threat Reduction programs or the carrying out of projects or activities under such programs.CommentsClose CommentsPermalink





(c) Inapplicability of Other Restrictions- Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not apply to any Cooperative Threat Reduction program.CommentsClose CommentsPermalink

SEC. 325. REMOVAL OF RESTRICTIONS ON DEPARTMENT OF ENERGY NONPROLIFERATION PROGRAMS.

Section 4301 of the Atomic Energy Defense Act (50 U.S.C. 2561) is repealed.CommentsClose CommentsPermalink

SEC. 326. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE THREAT REDUCTION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.

Section 1308 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is amended--CommentsClose CommentsPermalink





(1) by striking `President' each place it appears and inserting `Secretary of Defense';CommentsClose CommentsPermalink





(2) in subsection (a), by striking `each of the following' and all that follows through the period at the end and inserting the following: `that such project or activity will--CommentsClose CommentsPermalink





`(1) assist the United States in the resolution of a critical emerging proliferation threat; orCommentsClose CommentsPermalink





`(2) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals.';CommentsClose CommentsPermalink





(3) by striking subsections (c) and (d); andCommentsClose CommentsPermalink





(4) by redesignating subsection (e) as subsection (c).CommentsClose CommentsPermalink

SEC. 327. MODIFICATIONS OF AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.

Section 3124 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1747) is amended--CommentsClose CommentsPermalink





(1) by striking `President' each place it appears and inserting `Secretary of Energy';CommentsClose CommentsPermalink





(2) in subsection (a), by striking `each of the following' and all that follows through the period at the end and inserting the following: `that such project or activity will--CommentsClose CommentsPermalink





`(1) assist the United States in the resolution of a critical emerging proliferation threat; orCommentsClose CommentsPermalink





`(2) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals.';CommentsClose CommentsPermalink





(3) by striking subsections (c) and (d); andCommentsClose CommentsPermalink





(4) by redesignating subsection (e) as subsection (c).CommentsClose CommentsPermalink

SEC. 328. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL AGREEMENTS AND NONPROLIFERATION COMMITMENTS.

(a) Reports Required- At least annually, the Secretary of State shall submit to the appropriate congressional committees a report on each country in which a Cooperative Threat Reduction program is being carried out, describing that country's commitments to--CommentsClose CommentsPermalink





(1) making substantial national investments in infrastructure to secure, safeguard, and destroy weapons of mass destruction;CommentsClose CommentsPermalink





(2) forgoing any military modernization exceeding legitimate defense requirements, including replacement of weapons of mass destruction;CommentsClose CommentsPermalink





(3) forgoing any use of fissionable materials or any other components of deactivated nuclear weapons in a new nuclear weapons program;CommentsClose CommentsPermalink





(4) complying with all relevant arms control agreements;CommentsClose CommentsPermalink





(5) adopting and enforcing national and international export controls over munitions and dual-use items; andCommentsClose CommentsPermalink





(6) facilitating the verification by the United States and international community of that country's compliance with such commitments.CommentsClose CommentsPermalink





(b) Form- The report required under subsection (a) may be submitted with the report required under section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a).CommentsClose CommentsPermalink

SEC. 329. PRESIDENTIAL REPORT ON IMPEDIMENTS TO CERTAIN NONPROLIFERATION ACTIVITIES.

Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report identifying impediments (including liability concerns, taxation issues, access rights, and other impediments) to--CommentsClose CommentsPermalink





(1) the ongoing renegotiation of the umbrella agreement relating to Cooperative Threat Reduction; andCommentsClose CommentsPermalink





(2) the ongoing negotiations for the implementation of the Plutonium Disposition Program, the Nuclear Cities Initiative, and other defense nuclear nonproliferation programs.CommentsClose CommentsPermalink

SEC. 330. ENHANCEMENT OF GLOBAL THREAT REDUCTION INITIATIVE.

Section 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2166; 50 U.S.C. 2569) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking `Program Authorized' and inserting `Program Required'; andCommentsClose CommentsPermalink





(B) by striking `The Secretary of Energy may' and inserting `The President, acting through the Secretary of Energy, shall'; andCommentsClose CommentsPermalink





(2) in subsection (c)(1), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(N) Take such other actions as may be necessary to effectively implement the Global Threat Reduction Initiative.'.CommentsClose CommentsPermalink

SEC. 331. EXPANSION OF PROLIFERATION SECURITY INITIATIVE.

(a) Sense of Congress Relating to Proliferation Security Initiative- It is the sense of the Congress that--CommentsClose CommentsPermalink





(1) the President should strive to expand and strengthen the Proliferation Security Initiative announced by the President on May 31, 2003, placing particular emphasis on including countries outside of NATO; andCommentsClose CommentsPermalink





(2) the United States should engage the United Nations to develop a Security Council Resolution to authorize the Proliferation Security Initiative under international law, including by providing legal authority to stop shipments of weapons of mass destruction, their delivery systems, and related materials.CommentsClose CommentsPermalink





(b) Authorization of Appropriations Relating to Proliferation Security Initiative- There are authorized to be appropriated for fiscal year 2008, $50,000,000 to conduct joint training exercises regarding interdiction of weapons of mass destruction under the Proliferation Security Initiative with particular emphasis given to allocating funds from such amount--CommentsClose CommentsPermalink





(1) to invite other countries that do not participate in the Proliferation Security Initiative to observe the joint training exercises; andCommentsClose CommentsPermalink





(2) to conduct training exercises with countries that openly join the Proliferation Security Initiative after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 332. SENSE OF CONGRESS RELATING TO INTERNATIONAL SECURITY STANDARDS FOR NUCLEAR WEAPONS AND MATERIALS.

It is the sense of the Congress that the President should seek to devise and implement standards to improve the security of nuclear weapons and materials by--CommentsClose CommentsPermalink





(1) establishing with other willing nations a set of performance-based standards for the security of nuclear weapons and weapons;CommentsClose CommentsPermalink





(2) negotiating with those nations an agreement to adopt the standards and implement appropriate verification measures to assure ongoing compliance; andCommentsClose CommentsPermalink





(3) coordinating with those nations and the International Atomic Energy Agency to strongly encourage other states to adopt and verifiably implement the standards.CommentsClose CommentsPermalink

SEC. 333. AUTHORIZATION OF APPROPRIATIONS RELATING TO INVENTORY OF RUSSIAN TACTICAL NUCLEAR WARHEADS AND DATA EXCHANGES.

In addition to any other amounts authorized to be appropriated for such purposes, there are authorized to be appropriated to the Administrator for Nuclear Security for fiscal year 2008, $5,000,000 for assistance to Russia to facilitate the conduct of a comprehensive inventory of the stockpile of Russia of--CommentsClose CommentsPermalink





(1) non-strategic nuclear weapons; andCommentsClose CommentsPermalink





(2) nuclear weapons, whether strategic or non-strategic, that are not secured by PALs or other electronic means.CommentsClose CommentsPermalink

SEC. 334. REPORT ON ACCOUNTING FOR AND SECURING OF RUSSIA'S NON-STRATEGIC NUCLEAR WEAPONS.

Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on Russia's non-strategic nuclear weapons that shall--CommentsClose CommentsPermalink





(1) detail past and current efforts of the United States to encourage a proper accounting for and securing of Russia's non-strategic nuclear weapons and Russia's nuclear weapons, whether strategic or non-strategic, that are not secured by PALs or other electronic means;CommentsClose CommentsPermalink





(2) detail the actions that are most likely to lead to progress in improving the accounting for and securing or dismantlement of such weapons; andCommentsClose CommentsPermalink





(3) detail the feasibility of enhancing the national security of the United States by developing increased transparency between the United States and Russia with respect to the numbers, locations, and descriptions of such weapons and of the corresponding weapons of the United States.CommentsClose CommentsPermalink

SEC. 335. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE OF WEAPONS OF MASS DESTRUCTION EXPERTISE.

(a) Authority To Use Funds- Notwithstanding any other provision of law and subject to subsection (c), any funds available to a department or agency of the Federal Government may be used to conduct non-defense research and development in Russia and the states of the former Soviet Union on technologies specified in subsection (b) utilizing scientists in Russia and the states of the former Soviet Union who have expertise in--CommentsClose CommentsPermalink





(1) nuclear weapons; orCommentsClose CommentsPermalink





(2) chemical or biological weapons, but only if such scientists no longer engage, or have never engaged, in activities supporting prohibited chemical or biological capabilities.CommentsClose CommentsPermalink





(b) Technologies- The technologies specified in this subsection are technologies on the following:CommentsClose CommentsPermalink





(1) Environmental restoration and monitoring.CommentsClose CommentsPermalink





(2) Proliferation detection.CommentsClose CommentsPermalink





(3) Health and medicine, including research.CommentsClose CommentsPermalink





(4) Energy.CommentsClose CommentsPermalink





(c) Limitation- Funds may not be used under subsection (a) for research and development if the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Energy, determines that such research and development will--CommentsClose CommentsPermalink





(1) pose a threat to the security interests of the United States; orCommentsClose CommentsPermalink





(2) further materially any defense technology.CommentsClose CommentsPermalink





(d) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There is authorized to be appropriated to the Department of State $20,000,000 for fiscal year 2008 for the following purposes:CommentsClose CommentsPermalink





(A) To make determinations under subsection (c).CommentsClose CommentsPermalink





(B) To defray any increase in costs incurred by the Department of State, or any other department or agency of the Federal Government, for research and development, or demonstration, as a result of research and development conducted under this section.CommentsClose CommentsPermalink





(2) AVAILABILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- Amounts authorized to be appropriated by paragraph (1) are authorized to remain available until expended.CommentsClose CommentsPermalink





(B) TRANSFERRED AMOUNTS- Any amount transferred to a department or agency of the Federal Government pursuant to paragraph (1)(B) shall be merged with amounts available to such department or agency to cover costs concerned, and shall be available for the same purposes, and for the same period, as amounts with which merged.CommentsClose CommentsPermalink

SEC. 336. STRENGTHENING THE NUCLEAR NONPROLIFERATION TREATY.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons (commonly referred to as the Nuclear Nonproliferation Treaty or NPT) (21 UST 483) states that countries that are parties to the treaty have the `inalienable right . . . to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with articles I and II of this treaty.'.CommentsClose CommentsPermalink





(2) The rights outlined under article IV include all fuel cycle activities, despite the fact that uranium enrichment and plutonium production potentially put a country in a position to produce weapons usable material.CommentsClose CommentsPermalink





(3) David Bergmann, former chairman of the Israeli Atomic Energy Commission, stated: `. . . by developing atomic energy for peaceful uses, you reach the nuclear weapon option. There are not two atomic energies'.CommentsClose CommentsPermalink





(4) The wording of article IV has made it possible for countries that are parties to the NPT treaty to use peaceful nuclear programs as a cover for weapons programs. In particular, the misuse by North Korea and Iran of these provisions threatens to undercut the viability of the nuclear nonproliferation regime and the entire system of international nuclear commerce.CommentsClose CommentsPermalink





(5) If the international community fails to devise effective measures to deal with the `loophole' in article IV, then there is a great likelihood that the ranks of countries possessing nuclear weapons will increase markedly in the next decade.CommentsClose CommentsPermalink





(b) Presidential Report on Control of Nuclear Fuel Cycle Technologies and Material- Not later than 90 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report identifying ways to more effectively control nuclear fuel cycle technologies and material, including ways that the United States can mobilize the international community to close the `loophole' of article IV of the NPT, without undermining the treaty itself.CommentsClose CommentsPermalink

SEC. 337. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--CommentsClose CommentsPermalink





(A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives; andCommentsClose CommentsPermalink





(B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink





(2) COOPERATIVE THREAT REDUCTION PROGRAMS- The term `Cooperative Threat Reduction programs' means programs and activities specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).CommentsClose CommentsPermalink